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Page 10 <br />EJCDC E-500 Agreement Between Owner and Engineer for Professional Services <br />Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. <br />1.Nothing in this Agreement shall be construed to create, impose, or give rise to any duty <br />owed by Owner or Engineer to any Contractor, Subcontractor, Supplier, other individual <br />or entity, or to any surety for or employee of any of them. <br />2.All duties and responsibilities undertaken pursuant to this Agreement will be for the sole <br />and exclusive benefit of Owner and Engineer and not for the benefit of any other party. <br />3.Owner agrees that the substance of the provisions of this Paragraph 6.07.C shall appear in <br />the Contract Documents. <br />6.08 Dispute Resolution <br />A.Owner and Engineer agree to negotiate all disputes between them in good faith for a period <br />of 30 days from the date of notice prior to invoking the procedures of Exhibit H or other <br />provisions of this Agreement, or exercising their rights under law. <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 rights <br />under law. <br />6.09 Environmental Condition of Site <br />A.Owner has disclosed to Engineer in writing the existence of all known and suspected <br />Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, hazardous substances, <br />and other Constituents of Concern located at or near the Site, including type, quantity, and <br />location. <br />B.Owner represents to Engineer that to the best of its knowledge no Constituents of Concern, <br />other than those disclosed in writing to Engineer, exist at the Site. <br />C.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 />D.It is acknowledged by both parties that Engineer’s scope of services does not include any <br />services related to Constituents of Concern. If Engineer or any other party encounters an <br />undisclosed Constituent of Concern, or if investigative or remedial action, or other <br />professional services, are necessary with respect to disclosed or undisclosed Constituents of <br />Concern, then Engineer may, at its option and without liability for consequential or any <br />other damages, suspend performance of services on the portion of the Project affected <br />thereby until Owner: (1) retains appropriate specialist consultants or contractors to identify <br />and, as appropriate, abate, remediate, or remove the Constituents of Concern; and <br />(2)warrants that the Site is in full compliance with applicable Laws and Regulations. <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 the <br />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 30 days notice.