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2. Nothing in this Agreement will be construed to create, impose, or give rise to any duty <br />owed by Client or Engineer to any Constructor, other third -party individual or entity, or <br />to any surety for or employee of any of them. <br />3. Client agrees that the substance of the provisions of this Paragraph 6.06.0 will appear <br />in the Construction Contract Documents. <br />6.07 Dispute Resolution <br />A. Unless otherwise required by Exhibit H, Client and Engineer shall resolve all disputes in the <br />following manner: <br />1. Client 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 mediation. <br />2. Client and Engineer agree that they shall first submit any and all unsettled claims, <br />counterclaims, disputes, and other matters in question between them arising out of or <br />relating to this Agreement or the breach thereof ("Disputes") to mediation. Client and <br />Engineer agree to participate in the mediation process in good faith. The process will be <br />conducted on a confidential basis and must be completed within 120 days. <br />3. If the parties fail to resolve a Dispute through negotiations under Paragraph 6.07.A.1 or <br />mediation under Paragraph 6.07.A.2, then either or both may invoke the applicable <br />dispute resolution procedures of Exhibit H for final resolution of Disputes. <br />6.08 Controlling Law; Venue <br />A. This Agreement is to be governed by the Laws and Regulations of the state of Texas. <br />B. Venue for any exercise of rights at law will be the state court having jurisdiction at the <br />location of the Project. <br />6.09 Environmental Condition of Site <br />A. Client represents to Engineer that, as of the Effective Date, to the best of Client's knowledge, <br />no Constituents of Concern, other than those disclosed in writing to Engineer, exist at or <br />adjacent to the Site. <br />B. Undisclosed Constituents of Concern: For purposes of this Paragraph 6.09, the presence at <br />or adjacent to the Site of Constituents of Concern that were not disclosed to Engineer <br />pursuant to Paragraph 6.09.A, in such quantities or circumstances that such Constituents of <br />Concern may present a danger to persons or property exposed to them, will be referred to <br />as "undisclosed" Constituents of Concern. <br />1. The presence at the Site of materials that are necessary for the execution of the Work, <br />or that are to be incorporated in the Work, and that are controlled and contained <br />pursuant to industry practices, Laws and Regulations, and the requirements of this <br />Agreement or the Construction Contract, are not undisclosed Constituents of Concern. <br />2. Constituents of Concern that are to be located, identified, studied, removed, or <br />remediated as part of the services under this Agreement are not undisclosed <br />Constituents of Concern. <br />C. If Engineer encounters or learns of an undisclosed Constituent of Concern at the Site, then <br />Engineer shall notify (1) Client and (2) appropriate authorities having jurisdiction if Engineer <br />reasonably concludes that doing so is required by applicable Laws or Regulations. <br />EJCDC® E-500, Agreement between Client and Engineer for Professional Services. <br />Copyright' 2020 National Society of Professional Engineers, American Council of Engineering Companies, <br />and American Society of Civil Engineers. All rights reserved. <br />Page 12 of 21 <br />