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of the documents without written verification, completion, or adaptation by Engineer; and (4) such <br />limited license to Owner shall not create any rights in third parties. <br />D. To the fullest extent permitted by law, Owner and Engineer (1) waive against each other, and the <br />other's employees, officers, directors, agents, insurers, partners, and consultants, any and all claims <br />for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting <br />from, or in any way related to the Project, and (2) agree that Engineer's total liability to Owner <br />under this Agreement shall be limited to $50,000 or the total amount of compensation received by <br />Engineer, whichever is greater. <br />E. The parties acknowledge that Engineer's scope of services does not include any services related to a <br />Hazardous Environmental Condition (the presence of asbestos, PCBs, petroleum, hazardous <br />substances or waste as defined by the Comprehensive Environmental Response, Compensation and <br />Liability Act, 42 U.S.C. §§9601 et seq., or radioactive materials). If Engineer or any other party <br />encounters a Hazardous Environmental Condition, Engineer may, at its option and without liability <br />for consequential or any other damages, suspend performance of services on the portion of the <br />Project affected thereby until Owner: (1) retains appropriate specialist consultants or contractors to <br />identify and, as appropriate, abate, remediate, or remove the Hazardous Environmental Condition; <br />and (2) warrants that the Site is in full compliance with applicable Laws and Regulations. <br />F. Owner and Engineer agree to negotiate each dispute between them in good faith during the 30 days <br />after notice of dispute. If negotiations are unsuccessful in resolving the dispute, then the dispute <br />shall be mediated. If mediation is unsuccessful, then the parties may exercise their rights at law. <br />6.01 Total Agreement <br />A. This Agreement (including any expressly incorporated attachments), constitutes the entire <br />agreement between Owner and Engineer and supersedes all prior written or oral understandings. <br />This Agreement may only be amended, supplemented, modified, or canceled by a duly executed <br />written instrument. <br />7.01 Basis ofPayment—Hourly Rates Plus Reimbursable Expenses <br />A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows: <br />1. An amount equal to the cumulative hours charged to the Project by each class of Engineer's <br />employees times standard hourly rates for each applicable billing class for all services <br />performed on the Project, plus reimbursable expenses and Engineer's consultants' charges, <br />if any. <br />2. Engineer's Standard Hourly Rates are attached as Appendix 1. <br />3. The total compensation for services and reimbursable expenses is estimated to be $150,000. <br />7.02 Additional Services: For additional services of Engineer's employees engaged directly on the <br />Project, Owner shall pay Engineer an amount equal to the cumulative hours charged to the Project <br />by each class of Engineer's employees times standard hourly rates for each applicable billing class; <br />EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. <br />Copyright ©2009 National Society of Professional Engineers for EJCDC. All rights reserved. <br />Pane 4 <br />