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Compensation and Liability Act, 42 U.S.C. §§9601 et seq., or radioactive materials). If Engineef <br />Architect or any other party encounters a Hazardous Environmental Condition, <br />Architect may, at its option and without liability for consequential or any other damages, suspend <br />performance of services on the portion of the Project affected thereby until Owner: (1) retains <br />appropriate specialist consultants or contractors to identify and, as appropriate, abate, remediate, or <br />remove the Hazardous Environmental Condition; and (2) warrants that the Site is in full <br />compliance with applicable Laws and Regulations. <br />Owner and gngiaee Architect agree to negotiate each dispute between them in good faith during <br />the 30 days after notice of dispute. If negotiations are unsuccessful in resolving the dispute, then <br />the dispute shall be mediated. If mediation is unsuccessful, then the parties may exercise their <br />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 Efiginee Architect and supersedes all prior written or oral <br />understandings. This Agreement may only be amended, supplemented, modified, or canceled by a <br />duly executed written instrument. <br />7.01 Basis of Payment —Lump Sum <br />A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer- Architect as follows: <br />1. A Lump Sum amount of $25,500.00 <br />B. The portion of the compensation amount billed monthly for Eaginee Architect's services will be <br />based upon gaginee Architect's estimate of the percentage of the total services actually <br />completed during the billing period. <br />[or] <br />• � a <br />A <br />� <br />IN <br />r <br />[or] <br />• <br />Page 5 <br />EJCDC E-500 Agreement Between Owner and Engineer for Professional Services <br />Copyright 0 2008 National Society of Professional Engineers for EJCAC. All rights reserved. <br />