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<br /> 6.09 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 exercising their rights��e�-�-£�i��or other
<br /> provisions of this Agreement,or under law. In the absence of such an agreement,the parties may
<br /> exercise their rights under law.
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<br /> 6.10 Hazardous Environmental Condition
<br /> A. OWNER represents to ENGINEER that to the best of its knowledge a Hazardous Environmental
<br /> Condition does not exist.
<br /> B. OWNER has disclosed to the best of its laiowledge to ENGINEER the existence of all Asbestos,
<br /> PCB's,Pelroleum,Hazardous Waste,or Radioactive Material located at or near the Site,including
<br /> type,quantity and location.
<br /> C. If a Hazardous Environmental Condirion is encountered or alleged,ENGINEER shall have the
<br /> obligation to notify OWNER and,to the extent of applicable Laws and Regulations,appropriate
<br /> govexnmental officials.
<br /> D. It is acknowledged by both parties that ENGINEER's scope of services does not include any
<br /> services related to a Hazardous Environmental Condition. In the event ENGINEER or any other
<br /> party encounters a Hazardous Environmental Condirion,ENGINEER may,at its option and
<br /> without liability for consequential or any other damages,suspend performance of services on the
<br /> portion of the Project affected thereby until OWNER: (i)retains appropriate specialist
<br /> consultant(s)or contractor(s)to idenrify and,as appropriate,abate,remediate,or remove the
<br /> Hazardous Environmental Condition;and(ii)warrants that the Site is in full compliance with
<br /> applicable Laws and Regulations.
<br /> E. OWNER acknowledges that ENGINEER is performing professional services for OWNER and
<br /> that ENGINEER is not and shall not be required to become an"arranger,""operator,""generator,"
<br /> or"transporter"of hazardous substances,as defined in the Comprehensive Environmental
<br /> Response,Compensarion,and Liability Act of 1990(CERCLA),which are or may be encountered
<br /> at or near the Site in connection with ENGINEER's activities under this Agreement.
<br /> F. If ENGINEER's services under this Agreement cannot be performed because of a Hazardous
<br /> Environmental Condition,the existence of the condirion shall justify ENGINEER's terminating
<br /> this Agreement for cause on 30 days notice.
<br /> 6.11 Allocation of Risks
<br /> A. Indemnification:
<br /> 1. To the fullest extent pernutted by law,ENGINEER shall indemnify and hold harmless
<br /> OWNER,OWNER's officers,directors,partners,and employees from and against any
<br /> and all costs,losses,and damages(including but not limited to all fees and charges of
<br /> engineers,architects,attomeys,and other professionals,and all court or arbitrarion or
<br /> other dispute resolurion costs)caused solely by the negligent acts or omissions of
<br /> ENGINEER or ENGINEER's Consultants in the perforxnance and furnishing of
<br /> ENGINEER's services under this Agreement.
<br /> 2. To the fullest extent permitted by law,OWNER shall indemnify a.nd hold harmless
<br /> ENGINEER,ENGINEER's officers,d'uectors,partners,employees,and ENGINEER's
<br /> Consultants from and against any and all costs,losses,and damages(including but not
<br /> limited to all fees and charges of engineers,architects,attorneys,and other professionals,
<br /> and all court or arbitration or other dispute resolution costs)caused solely by the
<br /> negligent acts or omissions of OWNER and OWNER's officers,directors,partners,
<br /> employees,and OWNER's consultants with respect to this Agreement or the Project.
<br /> Standard Form of Agreement
<br /> Between Owner and Engineer for Professional Services
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