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<br />EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services.
<br />Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies,
<br /> and American Society of Civil Engineers. All rights reserved. Page
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<br />B. If the parties fail to resolve a dispute through negotiation under Paragraph 6.08.A, then
<br />either or both may invoke the procedures of Exhibit H. If Exhibit H is not included, or if no
<br />dispute resolution method is specified in Exhibit H, then the parties may exercise their
<br />rights at law.
<br />6.09 Environmental Condition of Site
<br />A. Owner represents to Engineer that as of the Effective Date to the best of Owner’s
<br />knowledge no Constituents of Concern, other than those disclosed in writing to Engineer,
<br />exist at or adjacent to the Site.
<br />B. If Engineer encounters or learns of an undisclosed Constituent of Concern at the Site, then
<br />Engineer shall notify (1) Owner and (2) appropriate governmental officials if Engineer
<br />reasonably concludes that doing so is required by applicable Laws or Regulations.
<br />C. It is acknowledged by both parties that Engineer’s scope of services does not include any
<br />services related to unknown or undisclosed Constituents of Concern. If Engineer or any
<br />other party encounters, uncovers, or reveals an undisclosed Constituent of Concern, then
<br />Owner shall promptly determine whether to retain a qualified expert to evaluate such
<br />condition or take any necessary corrective action.
<br />D. If investigative or remedial action, or other professional services, are necessary with
<br />respect to undisclosed Constituents of Concern, or if investigative or remedial action
<br />beyond that reasonably contemplated is needed to address a disclosed or known
<br />Constituent of Concern, then Engineer may, at its option and without liability for
<br />consequential or any other damages, suspend performance of services on the portion of
<br />the Project affected thereby until such portion of the Project is no longer affected.
<br />E. If the presence at the Site of undisclosed Constituents of Concern adversely affects the
<br />performance of Engineer’s services under this Agreement, then the Engineer shall have
<br />the option of (1) accepting an equitable adjustment in its compensation or in the time of
<br />completion, or both; or (2) terminating this Agreement for cause on seven days notice.
<br />F. Owner acknowledges that Engineer is performing professional services for Owner and that
<br />Engineer is not and shall not be required to become an "owner," “arranger,” “operator,”
<br />“generator,” or “transporter” of hazardous substances, as defined in the Comprehensive
<br />Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which
<br />are or may be encountered at or near the Site in connection with Engineer’s activities
<br />under this Agreement.
<br />6.10 Indemnification and Mutual Waiver
<br />A. Indemnification by Engineer: To the fullest extent permitted by Laws and Regulations,
<br />Engineer shall indemnify and hold harmless Owner, and Owner’s officers, directors,
<br />members, partners, agents, consultants, and employees, from losses, damages, and
<br />judgments (including reasonable consultants’ and attorneys’ fees and expenses) arising
<br />from third-party claims or actions relating to the Project, provided that any such claim,
<br />action, loss, damages, or judgment is attributable to bodily injury, sickness, disease, or
<br />death, or to injury to or destruction of tangible property (other than the Work itself),
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