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H. The parties acknowledge that Engineer's scope of <br />services does not include any services related to a Hazardous <br />Environmental Condition (the presence of asbestos, PCBs, <br />petroleum, hazardous substances or waste, and radioactive <br />materials). If Engineer or any other party encounters a <br />Hazardous Environmental Condition, Engineer may, at its <br />option and without liability for consequential or any other <br />damages, suspend performance of services on the portion of <br />the Project affected thereby until Owner: (i) retains <br />appropriate specialist consultants or contractors to identify <br />and, as appropriate, abate, remediate, or remove the <br />Hazardous Environmental Condition; and (ii) warrants that <br />the Site is in full compliance with applicable Laws and <br />Regulations. <br />8.01 Total Agreement <br />A. This Agreement (consisting of pages 1 to 4 <br />inclusive together with any expressly incorporated appendix), <br />constitutes the entire agreement between Owner and Engineer <br />and supersedes all prior written or oral understandings. This <br />Agreement may only be amended, supplemented, modified, <br />or canceled by a duly executed written instrument. <br />3 of 4 <br />EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services <br />Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. <br />