Professional Services Agreement - Joseph A Dzierla & Assoc. - Architectural Services for Ziker Sample Street LLC

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2.01 Payment .Procedures A. Invoices: Architect shall prepare invoices in accordance with its standard invoicing practices and submit the invoices to Owner on a monthly basis. Invoices are due and payable within 30 35 days of receipt. — teeeipt of Ax-chiteet's invoice, then the ameut4s Elue Atehiteet will be ineveased at the rat if less) ftem said "Aieth day. , In addition, Architect may, after giving seven days written notice to Owner, suspend services under this Agreement until Architect has been paid in full all amounts due for services, expenses, and other related charges. Owner waives any and all non -disputed claims against Architect for any such suspension. P i4 ll be ffedited fifst t, „to -st .,ra tr,o„ t pfineipal. 3.01 Termination A. The obligation to continue performance under this Agreement may be terminated: 1. For cause, a. By either party upon 30 days written notice in the event of substantial failure by the other party to perform in accordance with the Agreement's terms through no fault of the terminating party. Failure to pay Architect for its services is a substantial failure to perform and a basis for termination. b. By Architect: 1) upon seven days written notice if Owner demands that Architect furnish or perform services contrary to Architect's responsibilities as a licensed professional; or 2) upon seven days written notice if the Architect's services for the Project are delayed for more than 90 days for reasons beyond Architect's control. Architect shall have no liability to Owner on account of a termination by Architect under Paragraph 3.01.A. Lb. c. Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure under Paragraph 3.01.A. La if the party receiving such notice begins, within seven days of receipt of such notice, to correct its substantial failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of notice; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30 day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein shall extend up to, but in no case more than, 60 days after the date of receipt of the notice. 2. For convenience, by Owner effective upon Architect's receipt of written notice from Owner. B. The terminating party under Paragraph 3.01.A may set the effective date of termination at a time up to 30 days later than otherwise provided to allow Architect to complete tasks whose value would Page 2 EdCDC E-500 Agreement Between Owner and Architect for Professional services Copyright© 2008 National society of Professional Architects for EJCDC. All rights reserved.