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<br /> <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 <br />10 <br />Agreement without the written consent of the other party, except to the extent that any <br />assignment, subletting, or transfer is mandated by law. Unless specifically stated to the <br />contrary in any written consent to an assignment, no assignment will release or discharge <br />the assignor from any duty or responsibility under this Agreement. <br />C. Unless expressly provided otherwise in this Agreement: <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 Constructor, other third-party individual or entity, or <br />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 6.08.C shall appear <br />in the Construction Contract Documents. <br />6.09 Dispute Resolution <br />A. Owner and Engineer agree to negotiate all disputes between them in good faith for a <br />period of 30 days from the date of notice prior to invoking the procedures of Exhibit H or <br />other provisions of this Agreement, or exercising their rights at law. <br />B. If the parties fail to resolve a dispute through negotiation under Paragraph 6.09.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 />6.10 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.