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B. If the Project includes construction -related professional services, then Engineer's time for <br />completion of services is conditioned on the time for Owner and its contractors to complete <br />construction not exceeding twelve (12) weeks. If the actual tine to complete construction <br />exceeds the number of months indicated, then Engineer's period of service and its total <br />compensation shall be appropriately adjusted. <br />2.01 Payment Procedures <br />A. Invoices: Engineer shall prepare invoices in accordance with its standard invoicing practices and <br />submit the invoices to Owner on a monthly basis. Invoices are due and payable within 30 35 days <br />of receipt. if Owner- fai4s to make aiiy pa)anent due RfigiReOr- f0F seFviees and expenses within 30 <br />rate of days aftef Y-eeeipt of Engineef's invoiee, then the amounts due Engineer will be increased at per mai�Ah (or the maximum rate of interest per"tted by , <br />thirty. Inn addition, Engineer may, after giving seven days written notice to Owner, suspend <br />services under this Agreement until Engineer has been paid in full all amounts due for services, <br />expenses, and other related charges. Owner waives any and all non -disputed claims against <br />'1?a ents will be ..FOd to fi+St 1.0 � teFest an the to *ter.+�..ipa <br />Engineer or any such suspension. �o m��r�,� ClllCi 111L11 �� rJ11CiC�Z�JLL1. <br />3.01 Termination <br />A. The obligation to continue performance under this Agreement maybe terninated: <br />1. For cause, <br />a. By either party upon 30 days written notice in the event of substantial failure by the <br />other party to perfornn in accordance with the Agreement's terms through no fault of <br />the terminating party. Failure to pay Engineer for its services is a substantial failure to <br />perform and a basis for termination. <br />b. By Engineer: <br />1) upon seven days written notice if Owner demands that Engineer furnish or perform <br />services contrary to Engineer's responsibilities as a licensed professional; or <br />2) upon seven days written notice if the Engineer's services for the Project are <br />delayed for more than 90 days for reasons beyond Engineer's control. <br />Engineer shall have no liability to Owner on account of a termination by Engineer <br />under Paragraph 3.01.A.1.b. <br />c. Notwithstanding the foregoing, this Agreement will not terminate as a result of a <br />substantial failure under Paragraph 3.01.A.1.a if the party receiving such notice begins, <br />within seven days of receipt of such notice, to correct its substantial failure to perform <br />and proceeds diligently to cure such failure within no more than 30 days of receipt of <br />notice; provided, however, that if and to the extent such substantial failure cannot be <br />reasonably cured within such 30 day period, and if such party has diligently attempted <br />to cure the same and thereafter continues diligently to cure the same, then the cure <br />period provided for herein shall extend up to, but in no case more than, 60 days after <br />the date of receipt of the notice. <br />Page 2 <br />EJCDC E-500 Agreement Between Owner and l ngineer for Professional Services <br />Copyright C 2008 National Society of Professional Engineers for EJCDC. All rights reserved. <br />