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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 />The parties acknowledge that Engineer's scope of services does not include any services related to <br />a 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 />K. 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 />L. Scanned Renroductions. The parties a,l-ee and sti ulate that the original of this Agreement, <br />including the si�3nature a be and an r attachments. mai be scanned and stored in a_ com titer <br />database or similar device, and that an lrintout or other output readable b( siuht the re roduction <br />of which is shown to accuratel re :produce the„ original ma v be used for an , purposq jugst as if it <br />were the original, includin, goof of the content of the ori sinal writinv. <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 of Payment—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 <br />Engineer's employees times standard hourly rates for each applicable billing class for all <br />services performed on the Project, plus reimbursable expenses and Engineer's consultants' <br />charges, 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 $5,000. <br />7.02 Additional Services: For additional services of Engineer's employees engaged directly on the <br />Project, Owner shall pay Engineer ea amount equal to the eaufflidative hours ehafged te the Pr-ejee <br />by eaeh elass of Eagineer-'s employees times standafd heth4y Fates fer- eaeh a"heable billing elass; <br />EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. <br />Copyright 02009 National Society of Professional Engineers for EJCDC. All rights reserved. <br />Page 5 <br />