Common use of Environmental Condition of Site Clause in Contracts

Environmental Condition of Site. A. Owner represents to Engineer that as of the Effective Date to the best of Owner’s knowledge no Constituents of Concern, other than those disclosed in writing to Engineer, exist at or adjacent to the Site. B. If Engineer encounters or learns of an undisclosed Constituent of Concern at the Site, then Engineer shall notify (1) Owner and (2) appropriate governmental officials if Engineer reasonably concludes that doing so is required by applicable Laws or Regulations. C. It is acknowledged by both parties that Engineer’s scope of services does not include any services related to unknown or undisclosed Constituents of Concern. If Engineer or any other party encounters, uncovers, or reveals an undisclosed Constituent of Concern, then Owner shall promptly determine whether to retain a qualified expert to evaluate such condition or take any necessary corrective action. D. If investigative or remedial action, or other professional services, are necessary with respect to undisclosed Constituents of Concern, or if investigative or remedial action beyond that reasonably contemplated is needed to address a disclosed or known Constituent of Concern, then Engineer may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until such portion of the Project is no longer affected. E. If the presence at the Site of undisclosed Constituents of Concern adversely affects the performance of Engineer’s services under this Agreement, then the Engineer shall have the option of (1) accepting an equitable adjustment in its compensation or in the time of completion, or both; or (2) terminating this Agreement for cause on seven days notice. F. Owner acknowledges that Engineer is performing professional services for Owner and that Engineer is not and shall not be required to become an "owner," “arranger,” “operator,” “generator,” or “transporter” of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are or may be encountered at or near the Site in connection with Engineer’s activities under this Agreement.

Environmental Condition of Site. A. Owner has disclosed to Engineer in writing the existence of all known and suspected Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, hazardous substances, and other Constituents of Concern located at or near the Site, including type, quantity, and location. B. Owner represents to Engineer that as of the Effective Date to the best of Owner’s its knowledge no Constituents of Concern, other than those disclosed in writing to Engineer, exist at or adjacent to the Site. B. C. If Engineer encounters or learns of an undisclosed Constituent of Concern at the SiteConcern, then Engineer shall notify (1) Owner and (2) appropriate governmental officials if Engineer reasonably concludes that doing so is required by applicable Laws or Regulations. C. D. It is acknowledged by both parties that Engineer’s scope of services does not include any services related to unknown or undisclosed Constituents of Concern. If Engineer or any other party encounters, uncovers, or reveals encounters an undisclosed Constituent of Concern, then Owner shall promptly determine whether to retain a qualified expert to evaluate such condition or take any necessary corrective action. D. If if investigative or remedial action, or other professional services, are necessary with respect to disclosed or undisclosed Constituents of Concern, or if investigative or remedial action beyond that reasonably contemplated is needed to address a disclosed or known Constituent of Concern, then Engineer may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until such portion Owner: (1) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, xxxxx, remediate, or remove the Constituents of Concern; and (2) warrants that the Project Site is no longer affectedin full compliance with applicable Laws and Regulations. E. If the presence at the Site of undisclosed Constituents of Concern adversely affects the performance of Engineer’s services under this Agreement, then the Engineer shall have the option of (1) accepting an equitable adjustment in its compensation or in the time of completion, or both; or (2) terminating this Agreement for cause on seven 30 days notice. F. Owner acknowledges that Engineer is performing professional services for Owner and that Engineer is not and shall not be required to become an "owner," “arranger,” “operator,” “generator,” or “transporter” of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are or may be encountered at or near the Site in connection with Engineer’s activities under this Agreement.

Environmental Condition of Site. A. Owner has disclosed to Engineer in writing the existence of all known and suspected Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, hazardous substances, and other Constituents of Concern located at or near the Site, including type, quantity, and location. B. Owner represents to Engineer that as of the Effective Date to the best of Owner’s its knowledge no Constituents of Concern, other than those disclosed in writing to Engineer, exist at or adjacent to the Site. B. C. If Engineer encounters or learns of an undisclosed Constituent of Concern at the SiteConcern, then Engineer shall notify notify (1) Owner and (2) appropriate governmental officials if Engineer reasonably concludes that doing so is required by applicable Laws or Regulations. C. D. It is acknowledged by both parties that Engineer’s scope of services does not include any services related to unknown or undisclosed Constituents of Concern. If Engineer or any other party encounters, uncovers, or reveals encounters an undisclosed Constituent of Concern, then Owner shall promptly determine whether to retain a qualified expert to evaluate such condition or take any necessary corrective action. D. If if investigative or remedial action, or other professional services, are necessary with respect to disclosed or undisclosed Constituents of Concern, or if investigative or remedial action beyond that reasonably contemplated is needed to address a disclosed or known Constituent of Concern, then Engineer may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until such portion Owner: (1) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, xxxxx, remediate, or remove the Constituents of Concern; and (2) warrants that the Project Site is no longer affectedin full compliance with applicable Laws and Regulations. E. If the presence at the Site of undisclosed Constituents of Concern adversely affects the performance of Engineer’s services under this Agreement, then the Engineer shall have the option of (1) accepting an equitable adjustment in its compensation or in the time of completion, or both; or (2) terminating this Agreement for cause on seven thirty (30) days notice. F. Owner acknowledges that Engineer is performing professional services for Owner and that Engineer is not and shall not be required to become an "owner," “arranger,” “operator,” “generator,” or “transporter” of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are or may be encountered at or near the Site in connection with Engineer’s activities under this Agreement.

Environmental Condition of Site. A. With respect to each specific Task Order, Specific Project, and Site (unless indicated otherwise in a specific Task Order), Owner represents to Engineer that that, as of the Effective Date of the Task Order, to the best of Owner’s knowledge knowledge, no Constituents of Concern, other than those disclosed in writing to Engineer, exist at or adjacent to the Site. B. Undisclosed Constituents of Concern. For purposes of this Paragraph 6.09, the presence at or adjacent to the Site of Constituents of Concern that were not disclosed to Engineer pursuant to Paragraph 6.09.A, in such quantities or circumstances that such Constituents of Concern may present a danger to persons or property exposed to them, will be referred to as “undisclosed” Constituents of Concern. 1. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated in the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of this Agreement or the Construction Contract, are not undisclosed Constituents of Concern. 2. Constituents of Concern that are to be located, identified, studied, removed, or remediated as part of the services under a Task Order are not undisclosed Constituents of Concern. 3. Constituents of Concern that are to be located, identified, studied, removed, or remediated as part of the services under another professional services contract for Owner, or as part of the work under a construction or remediation contract, are not undisclosed Constituents of Concern if Engineer has been informed of the general scope of such contract. C. If Engineer encounters or learns of an undisclosed Constituent of Concern at the Site, then Engineer shall notify (1) Owner and (2) appropriate governmental officials authorities having jurisdiction if Engineer reasonably concludes that doing so is required by applicable Laws or Regulations. C. D. It is acknowledged by both parties that for all Task Orders the Engineer’s scope of services does not include any services related to unknown or undisclosed Constituents of Concern. If Engineer or any other party encounters, uncovers, or reveals an undisclosed Constituent of Concern, or if encountered, uncovered, or revealed Constituents of Concern are present in substantially greater quantities or substantially different locations than disclosed or anticipated, or if investigative or remedial action, or other professional services, are necessary or required by applicable Laws and Regulations with respect to such Constituents of Concern, then Engineer may, at its option and without liability for direct, consequential, or any other damages, suspend performance of services on the portion of the Specific Project adversely affected thereby until such portion of the Specific Project is no longer so affected; and Owner shall promptly determine whether to retain a qualified expert to evaluate such condition or take any necessary corrective action. D. E. If investigative or remedial action, or other professional services, are necessary with respect to the presence at a Site of undisclosed Constituents of Concern, or if investigative or remedial action beyond that reasonably contemplated is needed to address a disclosed or known Constituent of Concern, then Engineer may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until such portion of the Project is no longer affected. E. If the presence at the Site of undisclosed Constituents of Concern in substantially greater quantities or in substantially different locations than disclosed or anticipated, adversely affects the performance of Engineer’s services under this Agreementa specific Task Order, then then: 1. if the adverse effects do not preclude Engineer shall have from completing its Specific Project services in general accordance with the option Task Order on unaffected or marginally affected portions of (1) accepting the Specific Project, Engineer may accept an equitable adjustment in its compensation or in the time of completion, or both; or (and the Task Order will be amended to reflect changes necessitated by the presence of such Constituents of Concern; or 2) terminating this Agreement . if the adverse effects are of such materiality to the overall performance of Engineer that it cannot complete its Specific Project services without significant changes to the scope of services, time of completion, and compensation, then Engineer may terminate the Task Order for cause on seven days 7 days’ written notice. F. Owner acknowledges that Engineer is performing professional services for Owner and that Engineer is not and shall will not be required to become an "owner," “arranger,” “operator,” “generator,” or “transporter” of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are or may be encountered at or near the Site in connection with Engineer’s activities under this Agreement.

Environmental Condition of Site. A. Owner has disclosed to Engineer in writing the existence of all known Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, hazardous substances, and other Constituents of Concern located at or near the Site, including type, quantity, and location. B. Owner represents to Engineer that as of the Effective Date to the best of Owner’s its knowledge no Constituents of Concern, other than those disclosed in writing to Engineer, exist at or adjacent to the Site. B. C. If Engineer encounters or learns of an undisclosed Constituent of Concern at the SiteConcern, then Engineer shall notify (1) Owner and (2) appropriate governmental officials if Engineer reasonably concludes that doing so is required by applicable Laws or Regulations. C. D. It is acknowledged by both parties that Engineer’s scope of services does not include any services related to unknown or undisclosed Constituents of Concern. If Engineer or any other party encounters, uncovers, or reveals encounters an undisclosed Constituent of Concern, then Owner shall promptly determine whether to retain a qualified expert to evaluate such condition or take any necessary corrective action. D. If if investigative or remedial action, or other professional services, are necessary with respect to disclosed or undisclosed Constituents of Concern, or if investigative or remedial action beyond that reasonably contemplated is needed to address a disclosed or known Constituent of Concern, then Engineer may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until such portion Owner: (1) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, xxxxx, remediate, or remove the Constituents of Concern; and (2) warrants that the Project Site is no longer affectedin full compliance with applicable Laws and Regulations. E. If the presence at the Site of undisclosed Constituents of Concern adversely affects the performance of Engineer’s services under this Agreement, then the Engineer shall have the option of (1) accepting an equitable adjustment in its compensation or in the time of completion, or both; or (2) terminating this Agreement for cause on seven 30 days notice. F. Owner acknowledges that Engineer is performing professional services for Owner and that Engineer is not and shall not be required to become an "owner," “arranger,” “operator,” “generator,” or “transporter” of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are or may be encountered at or near the Site in connection with Engineer’s activities under this Agreement.

Environmental Condition of Site. A. Owner has disclosed to Engineer in writing the existence of all known and suspected Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, hazardous substances, and other Constituents of Concern located at or near the Site, including type, quantity, and location. B. Owner represents to Engineer that as of the Effective Date to the best of Owner’s its knowledge no Constituents of Concern, other than those disclosed in writing to Engineer, exist at or adjacent to the Site. B. C. If Engineer encounters or learns of an undisclosed Constituent of Concern at the Site, then Engineer shall notify (1) Owner and (2) appropriate governmental officials if Engineer reasonably concludes that doing so is required by applicable Laws or Regulations. C. D. It is acknowledged by both parties that Engineer’s scope of services does not include any services related to unknown or undisclosed Constituents of Concern. If Engineer or any other party encounters, uncovers, or reveals encounters an undisclosed Constituent of Concern, then Owner shall promptly determine whether to retain a qualified expert to evaluate such condition or take any necessary corrective action. D. If if investigative or remedial action, or other professional services, are necessary with respect to disclosed or undisclosed Constituents of Concern, or if investigative or remedial action beyond that reasonably contemplated is needed to address a disclosed or known Constituent of Concern, then Engineer may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until such portion Owner: (1) retains appropriate specialist consultants or contractors to identify and, as appropriate, xxxxx, remediate, or remove the Constituents of Concern; and (2) warrants that the Project Site is no longer affectedin full compliance with applicable Laws and Regulations. E. If the presence at the Site of undisclosed Constituents of Concern adversely affects the performance of Engineer’s services under this Agreement, then the Engineer shall have the option of (1) accepting an equitable adjustment in its compensation or in the time of completion, or both; or (2) terminating this Agreement for cause on seven 30 days notice. F. Owner acknowledges that Engineer is performing professional services for Owner and that Engineer is not and shall not be required to become an "owner," “arranger,” “operator,” “generator,” or “transporter” of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are or may be encountered at or near the Site in connection with Engineer’s activities under this Agreement.

Environmental Condition of Site. A. Owner represents to Engineer that that, as of the Effective Date Date, to the best of Owner’s knowledge knowledge, no Constituents of Concern, other than those disclosed in writing to Engineer, exist at or adjacent to the Site. B. Undisclosed Constituents of Concern: For purposes of this Paragraph 6.09, the presence at or adjacent to the Site of Constituents of Concern that were not disclosed to Engineer pursuant to Paragraph 6.09.A, in such quantities or circumstances that such Constituents of Concern may present a danger to persons or property exposed to them, will be referred to as “undisclosed” Constituents of Concern. 1. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated in the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of this Agreement or the Construction Contract, are not undisclosed Constituents of Concern. 2. Constituents of Concern that are to be located, identified, studied, removed, or remediated as part of the services under this Agreement are not undisclosed Constituents of Concern. 3. Constituents of Concern that are to be located, identified, studied, removed, or remediated as part of the services under another professional services contract for Owner, or as part of the work under a construction or remediation contract, are not undisclosed Constituents of Concern if Engineer has been informed of the general scope of such contract. C. If Engineer encounters or learns of an undisclosed Constituent of Concern at the Site, then Engineer shall notify (1) Owner and (2) appropriate governmental officials authorities having jurisdiction if Engineer reasonably concludes that doing so is required by applicable Laws or Regulations. C. D. It is acknowledged by both parties that Engineer’s scope of services does not include any services related to unknown or undisclosed Constituents of Concern. If Engineer or any other party encounters, uncovers, or reveals an undisclosed Constituent of Concern, or if encountered, uncovered, or revealed Constituents of Concern are present in substantially greater quantities or substantially different locations than disclosed or anticipated, or if investigative or remedial action, or other professional services, are necessary or required by applicable Laws and Regulations with respect to such Constituents of Concern, then Engineer may, at its option and without liability for direct, consequential, or any other damages, suspend performance of services on the portion of the Project adversely affected thereby until such portion of the Project is no longer so affected; and Owner shall promptly determine whether to retain a qualified expert to evaluate such condition or take any necessary corrective action. D. If investigative or remedial action, or other professional services, are necessary with respect to undisclosed Constituents of Concern, or if investigative or remedial action beyond that reasonably contemplated is needed to address a disclosed or known Constituent of Concern, then Engineer may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until such portion of the Project is no longer affected. E. If the presence at the Site of undisclosed Constituents of Concern, or of Constituents of Concern in substantially greater quantities or in substantially different locations than disclosed or anticipated, adversely affects the performance of Engineer’s services under this Agreement, then then: 1. if the adverse effects do not preclude Engineer shall have from completing its Project services in general accordance with this Agreement on unaffected or marginally affected portions of the option of (1) accepting Project, Engineer may accept an equitable adjustment in its compensation or in the time of completion, or both; or (and the Agreement will be amended to reflect changes necessitated by the presence of such Constituents of Concern; or 2) terminating . if the adverse effects are of such materiality to the overall performance of Engineer that it cannot complete its services without significant changes to the scope of services, time of completion, and compensation, then Engineer may terminate this Agreement for cause on seven days 7 days’ written notice. F. Owner acknowledges that Engineer is performing professional services for Owner and that Engineer is not and shall will not be required to become an "owner," “arranger,” “operator,” “generator,” or “transporter” of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are or may be encountered at or near the Site in connection with Engineer’s activities under this Agreement.

Environmental Condition of Site. A. Owner With respect to each specific Task Order, Specific Project, and Site (unless indicated otherwise in a specific Task Order), OWNER represents to Engineer that ENGINEER that, as of the Effective Date of the Task Order, to the best of OwnerOWNER’s knowledge knowledge, no Constituents of Concern, other than those disclosed in writing to EngineerENGINEER, exist at or adjacent to the Site. B. Undisclosed Constituents of Concern. For purposes of this Paragraph 6.09, the presence at or adjacent to the Site of Constituents of Concern that were not disclosed to ENGINEER pursuant to Paragraph 6.09.A, in such quantities or circumstances that such Constituents of Concern may present a danger to persons or property exposed to them, will be referred to as “undisclosed” Constituents of Concern. 1. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated in the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of this Agreement or the Construction Contract, are not undisclosed Constituents of Concern. 2. Constituents of Concern that are to be located, identified, studied, removed, or remediated as part of the services under a Task Order are not undisclosed Constituents of Concern. 3. Constituents of Concern that are to be located, identified, studied, removed, or remediated as part of the services under another professional services contract for OWNER, or as part of the work under a construction or remediation contract, are not undisclosed Constituents of Concern if ENGINEER has been informed of the general scope of such contract. C. If Engineer ENGINEER encounters or learns of an undisclosed Constituent of Concern at the Site, then Engineer ENGINEER shall notify (1) Owner OWNER and (2) appropriate governmental officials authorities having jurisdiction if Engineer ENGINEER reasonably concludes that doing so is required by applicable Laws or Regulations. C. D. It is acknowledged by both parties that Engineerfor all Task Orders the ENGINEER’s scope of services does not include any services related to unknown or undisclosed Constituents of Concern. If Engineer ENGINEER or any other party encounters, uncovers, or reveals an undisclosed Constituent of Concern, or if encountered, uncovered, or revealed Constituents of Concern are present in substantially greater quantities or substantially different locations than disclosed or anticipated, or if investigative or remedial action, or other professional services, are necessary or required by applicable Laws and Regulations with respect to such Constituents of Concern, then Owner ENGINEER may, at its option and without liability for direct, consequential, or any other damages, suspend performance of services on the portion of the Specific Project adversely affected thereby until such portion of the Specific Project is no longer so affected; and OWNER shall promptly determine whether to retain a qualified expert to evaluate such condition or take any necessary corrective action. D. E. If investigative or remedial action, or other professional services, are necessary with respect to the presence at a Site of undisclosed Constituents of Concern, or if investigative or remedial action beyond that reasonably contemplated is needed to address a disclosed or known Constituent of Concern, then Engineer may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until such portion of the Project is no longer affected. E. If the presence at the Site of undisclosed Constituents of Concern in substantially greater quantities or in substantially different locations than disclosed or anticipated, adversely affects the performance of EngineerENGINEER’s services under this Agreementa specific Task Order, then then: 1. if the Engineer shall have adverse effects do not preclude ENGINEER from completing its Specific Project services in general accordance with the option Task Order on unaffected or marginally affected portions of (1) accepting the Specific Project, ENGINEER may accept an equitable adjustment in its compensation or in the time of completion, or both; or (and the Task Order will be amended to reflect changes necessitated by the presence of such Constituents of Concern; or 2) terminating this Agreement . if the adverse effects are of such materiality to the overall performance of ENGINEER that it cannot complete its Specific Project services without significant changes to the scope of services, time of completion, and compensation, then ENGINEER may terminate the Task Order for cause on seven days 7 days’ written notice. F. Owner OWNER acknowledges that Engineer ENGINEER is performing professional services for Owner OWNER and that Engineer ENGINEER is not and shall will not be required to become an "ownerOWNER," “arranger,” “operator,” “generator,” or “transporter” of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are or may be encountered at or near the Site in connection with EngineerENGINEER’s activities under this Agreement.

Environmental Condition of Site. ‌ A. Owner has disclosed to Engineer in writing the existence of all known and suspected Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, hazardous substances, and other Constituents of Concern located at or near the Site, including type, quantity, and location. B. Owner represents to Engineer that as of the Effective Date to the best of Owner’s its knowledge no Constituents of Concern, other than those disclosed in writing to Engineer, exist at or adjacent to the Site. B. C. If Engineer encounters or learns of an undisclosed Constituent of Concern at the SiteConcern, then Engineer shall notify notify (1) Owner and (2) appropriate governmental officials if Engineer reasonably concludes that doing so is required by applicable Laws or Regulations. C. D. It is acknowledged by both parties that Engineer’s scope of services does not include any services related to unknown or undisclosed Constituents of Concern. If Engineer or any other party encounters, uncovers, or reveals encounters an undisclosed Constituent of Concern, then Owner shall promptly determine whether to retain a qualified expert to evaluate such condition or take any necessary corrective action. D. If if investigative or remedial action, or other professional services, are necessary with respect to disclosed or undisclosed Constituents of Concern, or if investigative or remedial action beyond that reasonably contemplated is needed to address a disclosed or known Constituent of Concern, then Engineer may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until such portion Owner: (1) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, xxxxx, remediate, or remove the Constituents of Concern; and (2) warrants that the Project Site is no longer affectedin full compliance with applicable Laws and Regulations. E. If the presence at the Site of undisclosed Constituents of Concern adversely affects the performance of Engineer’s services under this Agreement, then the Engineer shall have the option of (1) accepting an equitable adjustment in its compensation or in the time of completion, or both; or (2) terminating this Agreement for cause on seven thirty (30) days notice. F. Owner acknowledges that Engineer is performing professional services for Owner and that Engineer is not and shall not be required to become an "owner," “arranger,” “operator,” “generator,” or “transporter” of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are or may be encountered at or near the Site in connection with Engineer’s activities under this Agreement.

Environmental Condition of Site. A. With respect to each specific Task Order, Specific Project, and Site (unless indicated otherwise in a specific Task Order): 1. Owner represents to Engineer that as of the Effective Date of the Task Order, to the best of Owner’s knowledge no Constituents of Concern, other than those disclosed in writing to Engineer, exist at or adjacent to the Site. B. 2. If Engineer encounters or learns of an undisclosed Constituent of Concern at the Site, then Engineer shall notify (1a) Owner and (2b) appropriate governmental officials if Engineer reasonably concludes that doing so is required by applicable Laws or Regulations. C. 3. It is acknowledged by both parties that Engineer’s scope of services does not include any services related to unknown or undisclosed Constituents of Concern. If Engineer or any other party encounters, uncovers, or reveals an undisclosed Constituent of Concern, then Owner shall promptly determine whether to retain a qualified expert to evaluate such condition or take any necessary corrective action. D. 4. If investigative or remedial action, or other professional services, are necessary with respect to undisclosed Constituents of Concern, or if investigative or remedial action beyond that reasonably contemplated is needed to address a disclosed or known Constituent of Concern, then Engineer may, at its option and without liability for consequential or any other damages, immediately suspend performance of services on the portion of the Specific Project affected thereby until such portion of the Specific Project is no longer affected. E. 5. If the presence at the Site of undisclosed Constituents of Concern adversely affects the performance of Engineer’s services under this Agreementthe specific Task Order, then the Engineer shall have the option of (1a) accepting an equitable adjustment in its compensation or in the time of completion, or both; or (2b) terminating this Agreement the specific Task Order for cause on seven days notice. F. 6. Owner acknowledges that Engineer is performing professional services for Owner and that Engineer is not and shall not be required to become an "“owner," ” “arranger,” “operator,” “generator,” or “transporter” of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are or may be encountered at or near the Site in connection with Engineer’s activities under a specific Task Order or this Agreement.

Environmental Condition of Site. ‌ A. Owner has disclosed to Design Professional in writing the existence of all known and suspected Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, hazardous substances, and other Constituents of Concern located at or near the Site, including type, quantity, and location. B. Owner represents to Engineer Design Professional that as of the Effective Date to the best of Owner’s its knowledge no Constituents of Concern, other than those disclosed in writing to EngineerDesign Professional, exist at or adjacent to the Site. B. C. If Engineer Design Professional encounters or learns of an undisclosed Constituent of Concern at the SiteConcern, then Engineer Design Professional shall notify (1) Owner and (2) appropriate governmental officials if Engineer Design Professional reasonably concludes that doing so is required by applicable Laws or Regulations. C. D. It is acknowledged by both parties parties, unless specifically addressed in Exhibit A, that EngineerDesign Professional’s scope of services does not include any services related to unknown or undisclosed Constituents of Concern. If Engineer Design Professional or any other party encounters, uncovers, or reveals encounters an undisclosed Constituent of Concern, then Owner shall promptly determine whether to retain a qualified expert to evaluate such condition or take any necessary corrective action. D. If if investigative or remedial action, or other professional services, are necessary with respect to disclosed or undisclosed Constituents of Concern, or if investigative or remedial action beyond that reasonably contemplated is needed to address a disclosed or known Constituent of Concern, then Engineer Owner may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until such portion Owner: (1) retains appropriate specialist Subconsultant(s) or contractor(s) to identify and, as appropriate, xxxxx, remediate, or remove the Constituents of Concern; and (2) warrants that the Project Site is no longer affectedin full compliance with applicable Laws and Regulations. E. If the presence at the Site of undisclosed Constituents of Concern adversely affects the performance of EngineerDesign Professional’s services under this Agreement, then the Engineer Design Professional shall have the option of (1) accepting request in writing its claim for an equitable adjustment in its compensation or in the time of completion, or both; or (2) terminating this Agreement for cause on seven days notice. F. Owner acknowledges that Engineer Design Professional is performing professional services for Owner and that Engineer Design Professional is not and shall not be required to become an "owner," “arranger,” “operator,” “generator,” or “transporter” of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are or may be encountered at or near the Site in connection with EngineerDesign Professional’s activities under this Agreement.

Environmental Condition of Site. A. With respect to each Task Order, Specific Project, and Site: 1. Owner shall disclose to Testing Firm in writing the existence of all known and suspected Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, hazardous substances, and other Constituents of Concern located at or near the Site, including type, quantity, and location. 2. Owner represents to Engineer Testing Firm that as of the Effective Date to the best of Owner’s its knowledge no Constituents of Concern, other than those disclosed in writing to EngineerTesting Firm, exist at or adjacent to the Site. B. 3. If Engineer Testing Firm encounters or learns of an undisclosed Constituent of Concern at the Site, then Engineer Testing Firm shall notify (1a) Owner and (2b) appropriate governmental officials if Engineer Testing Firm reasonably concludes that doing so is required by applicable Laws or Regulations. C. 4. It is acknowledged by both parties that EngineerTesting Firm’s scope of services does not include any services related to unknown or undisclosed Constituents of Concern. If Engineer Testing Firm or any other party encounters, uncovers, or reveals encounters an undisclosed Constituent of Concern, then Owner shall promptly determine whether to retain a qualified expert to evaluate such condition or take any necessary corrective action. D. If if investigative or remedial action, or other professional services, are necessary with respect to disclosed or undisclosed Constituents of Concern, or if investigative or remedial action beyond that reasonably contemplated is needed to address a disclosed or known Constituent of Concern, then Engineer Testing Firm may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Specific Project affected thereby until such portion Owner: (1) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, xxxxx, remediate, or remove the Constituents of Concern; and (2) warrants that the Project Site is no longer affectedin full compliance with applicable Laws and Regulations. E. 5. If the presence at the Site of undisclosed Constituents of Concern adversely affects the performance of EngineerTesting Firm’s services under this AgreementAgreement or any executed Task Order, then the Engineer shall have the option of (1a) accepting an equitable adjustment in its compensation or in the time of completion, or both; or (2b) terminating the executed Task Order or (c) terminating this Agreement for cause on seven days 30 days’ notice. F. 6. Owner acknowledges that Engineer Testing Firm is performing professional services for Owner and that Engineer Testing Firm is not and shall not be required to become an "“owner," ” “arranger,” “operator,” “generator,” or “transporter” of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are or may be encountered at or near the Site in connection with Engineer’s activities under this Agreement.

Environmental Condition of Site. A. Owner has disclosed to Design Professional in writing the existence of all known and suspected Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, hazardous substances, and other Constituents of Concern located at or near the Site, including type, quantity, and location. B. Owner represents to Engineer Design Professional that as of the Effective Date to the best of Owner’s its knowledge no Constituents of Concern, other than those disclosed in writing to EngineerDesign Professional, exist at or adjacent to the Site. B. C. If Engineer Design Professional encounters or learns of an undisclosed Constituent of Concern at the SiteConcern, then Engineer Design Professional shall notify (1) Owner and (2) appropriate governmental officials if Engineer Design Professional reasonably concludes that doing so is required by applicable Laws or Regulations. C. D. It is acknowledged by both parties parties, unless specifically addressed in Exhibit A, that EngineerDesign Professional’s scope of services does not include any services related to unknown or undisclosed Constituents of Concern. If Engineer Design Professional or any other party encounters, uncovers, or reveals encounters an undisclosed Constituent of Concern, then Owner shall promptly determine whether to retain a qualified expert to evaluate such condition or take any necessary corrective action. D. If if investigative or remedial action, or other professional services, are necessary with respect to disclosed or undisclosed Constituents of Concern, or if investigative or remedial action beyond that reasonably contemplated is needed to address a disclosed or known Constituent of Concern, then Engineer Owner may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until such portion Owner: (1) retains appropriate specialist Subconsultant(s) or contractor(s) to identify and, as appropriate, xxxxx, remediate, or remove the Constituents of Concern; and (2) warrants that the Project Site is no longer affectedin full compliance with applicable Laws and Regulations. E. If the presence at the Site of undisclosed Constituents of Concern adversely affects the performance of EngineerDesign Professional’s services under this Agreement, then the Engineer Design Professional shall have the option of (1) accepting request in writing its claim for an equitable adjustment in its compensation or in the time of completion, or both; or (2) terminating this Agreement for cause on seven days notice. F. Owner acknowledges that Engineer Design Professional is performing professional services for Owner and that Engineer Design Professional is not and shall not be required to become an "owner," “arranger,” “operator,” “generator,” or “transporter” of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are or may be encountered at or near the Site in connection with EngineerDesign Professional’s activities under this Agreement.

Environmental Condition of Site. A. With respect to each specific Task Order, Specific Phase of the Project, and Site (unless indicated otherwise in a specific Task Order), Owner represents to Engineer that that, as of the Effective Date of the Task Order, to the best of Owner’s knowledge knowledge, no Constituents of Concern, other than those disclosed in writing to Engineer, exist at or adjacent to the Site. B. Undisclosed Constituents of Concern. For purposes of this Paragraph 6.09, the presence at or adjacent to the Site of Constituents of Concern that were not disclosed to Engineer pursuant to Paragraph 6.09.A, in such quantities or circumstances that such Constituents of Concern may present a danger to persons or property exposed to them, will be referred to as “undisclosed” Constituents of Concern. 1. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated in the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of this Agreement or the Construction Contract, are not undisclosed Constituents of Concern. 2. Constituents of Concern that are to be located, identified, studied, removed, or remediated as part of the services under a Task Order are not undisclosed Constituents of Concern. 3. Constituents of Concern that are to be located, identified, studied, removed, or remediated as part of the services under another professional services contract for Owner, or as part of the work under a construction or remediation contract, are not undisclosed Constituents of Concern if Engineer has been informed of the general scope of such contract. C. If Engineer encounters or learns of an undisclosed Constituent of Concern at the Site, then Engineer shall notify (1) Owner and (2) appropriate governmental officials authorities having jurisdiction if Engineer reasonably concludes that doing so is required by applicable Laws or Regulations. C. D. It is acknowledged by both parties that for all Task Orders the Engineer’s scope of services does not include any services related to unknown or undisclosed Constituents of Concern. If Engineer or any other party encounters, uncovers, or reveals an undisclosed Constituent of Concern, or if encountered, uncovered, or revealed Constituents of Concern are present in substantially greater quantities or substantially different locations than disclosed or anticipated, or if investigative or remedial action, or other professional services, are necessary or required by applicable Laws and Regulations with respect to such Constituents of Concern, then Engineer may, at its option and without liability for direct, consequential, or any other damages, suspend performance of services on the portion of the Specific Phase of the Project adversely affected thereby until such portion of the Specific Phase of the Project is no longer so affected; and Owner shall promptly determine whether to retain a qualified expert to evaluate such condition or take any necessary corrective action. D. E. If investigative or remedial action, or other professional services, are necessary with respect to the presence at a Site of undisclosed Constituents of Concern, or if investigative or remedial action beyond that reasonably contemplated is needed to address a disclosed or known Constituent of Concern, then Engineer may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until such portion of the Project is no longer affected. E. If the presence at the Site of undisclosed Constituents of Concern in substantially greater quantities or in substantially different locations than disclosed or anticipated, adversely affects the performance of Engineer’s services under this Agreementa specific Task Order, then then: 1. if the adverse effects do not preclude Engineer shall have from completing its Specific Phase of the option Project services in general accordance with the Task Order on unaffected or marginally affected portions of (1) accepting the Specific Phase of the Project, Engineer may accept an equitable adjustment in its compensation or in the time of completion, or both; or (and the Task Order will be amended to reflect changes necessitated by the presence of such Constituents of Concern; or 2) terminating this Agreement . if the adverse effects are of such materiality to the overall performance of Engineer that it cannot complete its Specific Phase of the Project services without significant changes to the scope of services, time of completion, and compensation, then Engineer may terminate the Task Order for cause on seven days 7 days’ written notice. F. Owner acknowledges that Engineer is performing professional services for Owner and that Engineer is not and shall will not be required to become an "owner," “arranger,” “operator,” “generator,” or “transporter” of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are or may be encountered at or near the Site in connection with Engineer’s activities under this Agreement. 6.10 Indemnification and Mutual Waiver members, partners, agents, and employees, from losses, damages, and judgments (including reasonable consultants’ and attorneys’ fees and expenses) arising from third-party claims or actions relating to a Specific Phase of the Project, provided that any such claim, action, loss, damages, or judgment is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Engineer or Engineer’s officers, directors, members, partners, agents, employees, Subconsultants, or Engineer’s Subcontractors.

Environmental Condition of Site. A. Owner represents to Engineer that as of the Effective Date to the best of Owner’s knowledge no Constituents of Concern, other than those disclosed in writing to Engineer, exist at or adjacent to the Site. B. If Engineer encounters or learns of an undisclosed Constituent of Concern at the Site, then Engineer shall notify (1) Owner and (2) appropriate governmental officials if Engineer reasonably concludes that doing so is required by applicable Laws or Regulations. C. It is acknowledged by both parties that Engineer’s scope of services does not include any services related to unknown or undisclosed Constituents of Concern. If Engineer or any other party encounters, uncovers, or reveals an undisclosed Constituent of Concern, then Owner shall promptly determine whether to retain a qualified expert to evaluate such condition or take any necessary corrective action. D. If investigative or remedial action, or other professional services, are necessary with respect to undisclosed Constituents of Concern, or if investigative or remedial action beyond that reasonably contemplated is needed to address a disclosed or known Constituent of Concern, then Engineer may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until such portion of the Project is no longer affected. E. If the presence at the Site of undisclosed Constituents of Concern adversely affects the performance of Engineer’s services under this Agreement, then the Engineer shall have the option of (1) accepting an equitable adjustment in its compensation or in the time of completion, or both; or (2) terminating this Agreement for cause on seven days a seven‐day notice. F. Owner acknowledges that Engineer is performing professional services for Owner and that Engineer is not and shall not be required to become an "owner," “arranger,” “operator,” “generator,” or “transporter” of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are or may be encountered at or near the Site in connection with Engineer’s activities under this Agreement.

Environmental Condition of Site. A. Owner represents to Engineer that as of the Effective Date to the best of Owner’s knowledge no Constituents of Concern, other than those disclosed in writing to Engineer, exist at or adjacent to the Site. B. If Engineer encounters or learns of an undisclosed Constituent of Concern at the Site, then Engineer shall notify (1) Owner and (2) appropriate governmental officials if Engineer reasonably concludes that doing so is required by applicable Laws or Regulations. C. It is acknowledged by both parties that Engineer’s scope of services does not include any services related to unknown or undisclosed Constituents of Concern. If Engineer or any other party encounters, uncovers, or reveals an undisclosed Constituent of Concern, then Owner shall promptly determine whether to retain a qualified expert to evaluate such condition or take any necessary corrective action. D. If investigative or remedial action, or other professional services, are necessary with respect to undisclosed Constituents of Concern, or if investigative or remedial action beyond that reasonably contemplated is needed to address a disclosed or known Constituent of Concern, then Engineer may, at its option and without liability for consequential or any other damagesoption, suspend performance of services on the portion of the Project affected thereby until such portion of the Project is no longer affected. E. If the presence at the Site of undisclosed Constituents of Concern adversely affects the performance of Engineer’s services under this Agreement, then the Engineer shall have the option of (1) accepting an equitable adjustment in its compensation or in the time of completion, or both; or (2) terminating this Agreement for cause on seven days notice. F. Owner acknowledges that Engineer is performing professional services for Owner and that Engineer is not and shall not be required to become an "owner," “arranger,” “operator,” “generator,” or “transporter” of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are or may be encountered at or near the Site in connection with Engineer’s activities under this Agreement.

Environmental Condition of Site. A. Owner City represents to Engineer that as of the Effective Date to the best of OwnerCity’s knowledge no Constituents of Concern, other than those disclosed in writing to Engineer, exist at or adjacent to the Site. B. If Engineer encounters or learns of an undisclosed Constituent of Concern at the Site, then Engineer shall notify (1) Owner City and (2) appropriate governmental officials if Engineer reasonably concludes that doing so notifying appropriate governmental officials is required by applicable Laws or Regulations. C. It is acknowledged by both parties that Engineer’s scope of services does not include any services related to unknown or undisclosed Constituents of Concern. If Engineer or any other party encounters, uncovers, or reveals an undisclosed Constituent of Concern, then Owner City shall promptly determine whether to retain a qualified expert to evaluate such condition or take any necessary corrective action. D. If investigative or remedial action, or other professional services, are necessary with respect to undisclosed Constituents of Concern, or if investigative or remedial action beyond that reasonably contemplated is needed to address a disclosed or known Constituent of Concern, then Engineer may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until such portion of the Project is no longer affected. E. If the presence at the Site of undisclosed Constituents of Concern adversely affects the performance of Engineer’s services under this Agreement, then the Engineer shall have the option of (1) accepting an equitable adjustment in its compensation or in the time of completion, or both; or (2) terminating this Agreement for cause on seven days’ notice. Owner shall have the right, but not the obligation, except that to cure any constituent of concern prior to Engineer terminating the Agreement. Owner shall have 30 days noticeto cure. Said cure period shall not include holidays or any unforeseen circumstances that would extend the cure period. F. Owner City acknowledges that Engineer is performing professional services for Owner City and that Engineer is not and shall not be required to become an "ownerCity," “arranger,” “operator,” “generator,” or “transporter” of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are or may be encountered at or near the Site in connection with Engineer’s activities under this Agreement.

Environmental Condition of Site. A. With respect to each specific Task Order, Specific Project, and Site (unless indicated otherwise in a specific Task Order): 1. Owner represents to Engineer that as of the Effective Date of the Task Order, to the best of Owner’s knowledge no Constituents of Concern, other than those disclosed in writing to Engineer, exist at or adjacent to the Site. B. 2. If Engineer encounters or learns of an undisclosed Constituent of Concern at the Site, then Engineer shall notify (1a) Owner and (2b) appropriate governmental officials if Engineer reasonably concludes that doing so is required by applicable Laws or Regulations.Regulations.‌ C. 3. It is acknowledged by both parties that Engineer’s scope of services does not include any services related to unknown or undisclosed Constituents of Concern. If Engineer or any other party encounters, uncovers, or reveals an undisclosed Constituent of Concern, then Owner shall promptly determine whether to retain a qualified expert to evaluate such condition or take any necessary corrective action. D. 4. If investigative or remedial action, or other professional services, are necessary with respect to undisclosed Constituents of Concern, or if investigative or remedial action beyond that reasonably contemplated is needed to address a disclosed or known Constituent of Concern, then Engineer may, at its option and without liability for consequential or any other damages, immediately suspend performance of services on the portion of the Specific Project affected thereby until such portion of the Specific Project is no longer affected. E. 5. If the presence at the Site of undisclosed Constituents of Concern adversely affects the performance of Engineer’s services under this Agreementthe specific Task Order, then the Engineer shall have the option of (1a) accepting an equitable adjustment in its compensation or in the time of completion, or both; or (2b) terminating this Agreement the specific Task Order for cause on seven days notice. F. 6. Owner acknowledges that Engineer is performing professional services for Owner and that Engineer is not and shall not be required to become an "“owner," ” “arranger,” “operator,” “generator,” or “transporter” of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are or may be encountered at or near the Site in connection with Engineer’s activities under a specific Task Order or this Agreement.

Environmental Condition of Site. A. Owner (a) CITY will disclose to Engineer in writing the existence of all known and suspected Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, hazardous substances, and other Constituents of Concern located at or near the Sites subject to this agreement, including type, quantity, and location. (b) CITY represents to Engineer that as of the Effective Date to the best of Owner’s its knowledge no Constituents of Concern, other than those disclosed in writing to Engineer, exist at or adjacent to the SiteSites. B. (c) If Engineer encounters or learns of an undisclosed Constituent of Concern at the SiteConcern, then Engineer shall notify notify (1) Owner CITY and (2) appropriate governmental officials if Engineer reasonably concludes that doing so is required by applicable Laws or Regulations. C. (d) It is acknowledged by both parties that Engineer’s scope of services does not include any services related to unknown or undisclosed Constituents of Concern. If Engineer or any other party encounters, uncovers, or reveals encounters an undisclosed Constituent of Concern, then Owner shall promptly determine whether to retain a qualified expert to evaluate such condition or take any necessary corrective action. D. If if investigative or remedial action, or other professional services, are necessary with respect to disclosed or undisclosed Constituents of Concern, or if investigative or remedial action beyond that reasonably contemplated is needed to address a disclosed or known Constituent of Concern, then Engineer may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until such portion CITY: (1) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, xxxxx, remediate, or remove the Constituents of Concern; and (2) warrants that the Project is no longer affectedapplicable sites are in full compliance with applicable Laws and Regulations. E. (e) If the presence at the Site Site(s) of undisclosed Constituents of Concern adversely affects the performance of Engineer’s services under this Agreement, then the Engineer shall have the option of (1) accepting an equitable adjustment in its compensation or in the time of completion, or both; or (2) terminating this Agreement for cause on seven 30 calendar days notice. F. Owner (f) CITY acknowledges that Engineer is performing professional services for Owner CITY and that Engineer is not and shall not be required to become an "owner," “arranger,” “operator,” “generator,” or “transporter” of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are or may be encountered at or near the Site in connection with Engineer’s activities under this Agreement.

Environmental Condition of Site. A. Owner (a) OWNER has disclosed to Engineer in writing the existence of all known and suspected Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, hazardous substances, and other Constituents of Concern located at or near the Site, including type, quantity, and location. (b) OWNER represents to Engineer that as of the Effective Date to the best of Owner’s its knowledge no Constituents of Concern, other than those disclosed in writing to Engineer, exist at or adjacent to the Site. B. (c) If Engineer encounters or learns of an undisclosed Constituent of Concern at the SiteConcern, then Engineer shall notify (1) Owner OWNER and (2) appropriate governmental officials if Engineer reasonably concludes that doing so is required by applicable Laws or Regulations. C. (d) It is acknowledged by both parties that Engineer’s scope of services does not include any services related to unknown or undisclosed Constituents of Concern. If Engineer or any other party encounters, uncovers, or reveals encounters an undisclosed Constituent of Concern, then Owner shall promptly determine whether to retain a qualified expert to evaluate such condition or take any necessary corrective action. D. If if investigative or remedial action, or other professional services, are necessary with respect to disclosed or undisclosed Constituents of Concern, or if investigative or remedial action beyond that reasonably contemplated is needed to address a disclosed or known Constituent of Concern, then Engineer may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until such portion OWNER: (1) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, xxxxx, remediate, or remove the Constituents of Concern; and (2) warrants that the Project Site is no longer affectedin full compliance with applicable Laws and Regulations. E. (e) If the presence at the Site of undisclosed Constituents of Concern adversely affects the performance of Engineer’s services under this Agreement, then the Engineer shall have the option of (1) accepting an equitable adjustment in its compensation or in the time of completion, or both; or (2) terminating this Agreement for cause on seven days 30 calendar days’ notice. F. Owner (f) OWNER acknowledges that Engineer is performing professional services for Owner OWNER and that Engineer is not and shall not be required to become an "owner," “arranger,” “operator,” “generator,” or “transporter” of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are or may be encountered at or near the Site in connection with Engineer’s activities under this Agreement.

Environmental Condition of Site. A. Owner (a) The OWNER has disclosed to the ENGINEER in writing the existence of all known and suspected Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, hazardous substances, and other Constituents of Concern located at or near the Site, including type, quantity, and location. (b) The OWNER represents to Engineer the ENGINEER that as of the Effective Date to the best of Owner’s its knowledge no Constituents of Concern, other than those disclosed in writing to Engineerthe ENGINEER, exist at or adjacent to the Site. B. (c) If Engineer the ENGINEER encounters or learns of an undisclosed Constituent of Concern at the SiteConcern, then Engineer the ENGINEER shall notify (notify: 1) Owner the OWNER; and (2) appropriate governmental officials if Engineer the ENGINEER reasonably concludes that doing so is required by applicable Laws or Regulations. C. (d) It is acknowledged by both parties that Engineer’s the ENGINEER’S scope of services does not include any services related to unknown or undisclosed Constituents of Concern. If Engineer the ENGINEER or any other party encounters, uncovers, or reveals encounters an undisclosed Constituent of Concern, then Owner shall promptly determine whether to retain a qualified expert to evaluate such condition or take any necessary corrective action. D. If if investigative or remedial action, or other professional services, are necessary with respect to disclosed or undisclosed Constituents of Concern, or if investigative or remedial action beyond that reasonably contemplated is needed to address a disclosed or known Constituent of Concern, then Engineer the ENGINEER may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until such portion the OWNER: 1) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, xxxxx, remediate, or remove the Constituents of Concern; and 2) warrants that the Project Site is no longer affectedin full compliance with applicable Laws and Regulations. E. (e) If the presence at the Site of undisclosed Constituents of Concern adversely affects the performance of Engineer’s the ENGINEER’S services under this Agreement, then the Engineer ENGINEER shall have the option of (of: 1) accepting an equitable adjustment in its compensation or in the time of completion, or both; or (2) terminating this Agreement for cause on seven days 30 calendar days’ notice. F. (f) Owner acknowledges that Engineer the ENGINEER is performing professional services for Owner the OWNER and that Engineer the ENGINEER is not and shall not be required to become an "owner," “arranger,” “operator,” “generator,” or “transporter” of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are or may be encountered at or near the Site in connection with Engineer’s the ENGINEER’S activities under this Agreement.

Environmental Condition of Site. A. With respect to each specific Task Order, Specific Project, and Site (unless indicated otherwise in a specific Task Order), Owner represents to Engineer that that, as of the Effective Date of the Task Order, to the best of Owner’s knowledge knowledge, no Constituents of Concern, other than those disclosed in writing to Engineer, exist at or adjacent to the Site. B. Undisclosed Constituents of Concern. For purposes of this Paragraph 6.09, the presence at or adjacent to the Site of Constituents of Concern that were not disclosed to Engineer pursuant to Paragraph 6.09.A, in such quantities or circumstances that such Constituents of Concern may present a danger to persons or property exposed to them, will be referred to as “undisclosed” Constituents of Concern. 1. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated in the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of this Agreement or the Construction Contract, are not undisclosed Constituents of Concern. 2. Constituents of Concern that are to be located, identified, studied, removed, or remediated as part of the services under a Task Order are not undisclosed Constituents of Concern. 3. Constituents of Concern that are to be located, identified, studied, removed, or remediated as part of the services under another professional services contract for Owner, or as part of the work under a construction or remediation contract, are not undisclosed Constituents of Concern if Engineer has been informed of the general scope of such contract. C. If Engineer encounters or learns of an undisclosed Constituent of Concern at the Site, then Engineer shall notify (1) Owner and (2) appropriate governmental officials authorities having jurisdiction if Engineer reasonably concludes that doing so is required by applicable Laws or Regulations. C. D. It is acknowledged by both parties that for all Task Orders the Engineer’s scope of services does not include any services related to unknown or undisclosed Constituents of Concern. If Engineer or any other party encounters, uncovers, or reveals an undisclosed Constituent of Concern, or if encountered, uncovered, or revealed Constituents of Concern are present in substantially greater quantities or substantially different locations than disclosed or anticipated, or if investigative or remedial action, or other professional services, are necessary or required by applicable Laws and Regulations with respect to such Constituents of Concern, then Engineer may, at its option and without liability for direct, consequential, or any other damages, suspend performance of services on the portion of the Specific Project adversely affected thereby until such portion of the Specific Project is no longer so affected; and Owner shall promptly determine whether to retain a qualified expert to evaluate such condition or take any necessary corrective action. D. E. If investigative or remedial action, or other professional services, are necessary with respect to the presence at a Site of undisclosed Constituents of Concern, or if investigative or remedial action beyond that reasonably contemplated is needed to address a disclosed or known Constituent of Concern, then Engineer may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until such portion of the Project is no longer affected. E. If the presence at the Site of undisclosed Constituents of Concern in substantially greater quantities or in substantially different locations than disclosed or anticipated, adversely affects the performance of Engineer’s services under this Agreementa specific Task Order, then then: 1. if the adverse effects do not preclude Engineer shall have from completing its Specific Project services in general accordance with the option Task Order on unaffected or marginally affected portions of (1) accepting the Specific Project, Engineer may accept an equitable adjustment in its compensation or in the time of completion, or both; or (and the Task Order will be amended to reflect changes necessitated by the presence of such Constituents of Concern; or 2) terminating this Agreement . if the adverse effects are of such materiality to the overall performance of Engineer that it cannot complete its Specific Project services without significant changes to the scope of services, time of completion, and compensation, then Engineer may terminate the Task Order for cause on seven days 7 days’ written notice. F. Owner acknowledges that Engineer is performing professional services for Owner and that Engineer is not and shall will not be required to become an "“owner," ” “arranger,” “operator,” “generator,” or “transporter” of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are or may be encountered at or near the Site in connection with Engineer’s activities under this Agreement.

Environmental Condition of Site. A. Owner represents to Engineer that as of the Effective Date to the best of Owner’s knowledge no Constituents of Concern, other than those disclosed in writing to Engineer, exist at or adjacent to the Site. B. . If Engineer encounters or learns of an undisclosed Constituent of Concern at the Site, then Engineer shall notify (1) Owner and (2) appropriate governmental officials if Engineer reasonably concludes that doing so is required by applicable Laws or Regulations. C. . It is acknowledged by both parties that Engineer’s scope of services does not include any services related to unknown or undisclosed Constituents of Concern. If Engineer or any other party encounters, uncovers, or reveals an undisclosed Constituent of Concern, then Owner shall promptly determine whether to retain a qualified expert to evaluate such condition or take any necessary corrective action. D. . If investigative or remedial action, or other professional services, are necessary with respect to undisclosed Constituents of Concern, or if investigative or remedial action beyond that reasonably contemplated is needed to address a disclosed or known Constituent of Concern, then Engineer may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until such portion of the Project is no longer affected. E. . If the presence at the Site of undisclosed Constituents of Concern adversely affects the performance of Engineer’s services under this Agreement, then the Engineer shall have the option of (1) accepting an equitable adjustment in its compensation or in the time of completion, or both; or (2) terminating this Agreement for cause on seven days notice. F. . Owner acknowledges that Engineer is performing professional services for Owner and that Engineer is not and shall not be required to become an "owner," “arranger,” “operator,” “generator,” or “transporter” of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are or may be encountered at or near the Site in connection with Engineer’s activities under this Agreement.

Environmental Condition of Site. A. Owner represents to Engineer that as of the Effective Date to the best of Owner’s knowledge no Constituents of Concern, other than those disclosed in writing to Engineer, exist at or adjacent to the Site. B. If Engineer encounters or learns of an undisclosed Constituent of Concern at the Site, then Engineer shall notify (1) Owner and (2) appropriate governmental officials if Engineer reasonably concludes that doing so is required by applicable Laws or Regulations. C. It is acknowledged by both parties that Engineer’s scope of services does not include any services related to unknown or undisclosed Constituents of ConcernConcern and Engineer shall bear no liability relating to or arising out of same. If Engineer knowingly or any other party encounters, uncovers, or reveals an undisclosed Constituent of Concern, then Owner shall promptly determine whether to retain a qualified expert to evaluate such condition or take any necessary corrective action. D. If investigative or remedial action, or other professional services, are necessary with respect to undisclosed Constituents of Concern, or if investigative or remedial action beyond that reasonably contemplated is needed to address a disclosed or known Constituent of Concern, then Engineer may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until such portion of the Project is no longer affected. E. If the presence at the Site of undisclosed Constituents of Concern adversely affects the performance of Engineer’s services under this Agreement, then the Engineer shall have the option of (1) accepting an equitable adjustment in its compensation or in the time of completion, or both; or (2) terminating this Agreement for cause on seven days days’ notice. F. Owner acknowledges that Engineer is performing professional services for Owner and that Engineer is not and shall not be required to become an "owner," “arranger,” “operator,” “generator,” or “transporter” of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are or may be encountered at or near the Site in connection with Engineer’s activities under this Agreement.

Environmental Condition of Site. A. Owner City represents to Engineer that as of the Effective Date to the best of OwnerCity’s knowledge no Constituents of Concern, other than those disclosed in writing to Engineer, exist at or adjacent to the Site. B. If Engineer encounters or learns of an undisclosed Constituent of Concern at the Site, then Engineer shall notify (1) Owner City and (2) appropriate governmental officials if Engineer reasonably concludes that doing so notifying appropriate governmental officials is required by applicable Laws or Regulations. C. It is acknowledged by both parties that Engineer’s scope of services does not include any services related to unknown or undisclosed Constituents of Concern. If Engineer or any other party encounters, uncovers, or reveals an undisclosed Constituent of Concern, then Owner City shall promptly determine whether to retain a qualified expert to evaluate such condition or take any necessary corrective action. D. If investigative or remedial action, or other professional services, are necessary with respect to undisclosed Constituents of Concern, or if investigative or remedial action beyond that reasonably contemplated is needed to address a disclosed or known Constituent of Concern, then Engineer may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until such portion of the Project is no longer affected. E. If the presence at the Site of undisclosed Constituents of Concern adversely affects the performance of Engineer’s services under this Agreement, then the Engineer shall have the option of (1) accepting an equitable adjustment in its compensation or in the time of completion, or both; or (2) terminating this Agreement for cause on seven days’ notice. City shall have the right, but not the obligation, except that to cure any constituent of concern prior to Engineer terminating the Agreement. City shall have 30 days noticeto cure. Said cure period shall not include holidays or any unforeseen circumstances that would extend the cure period. F. Owner City acknowledges that Engineer is performing professional services for Owner City and that Engineer is not and shall not be required to become an "ownerCity," “arranger,” “operator,” “generator,” or “transporter” of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are or may be encountered at or near the Site in connection with Engineer’s activities under this Agreement.