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2.01 Payment Procedures <br />A. Invoices: Engineer shall prepare invoices in accordance with its standard invoicing <br />practices and submit the invoices to Owner on a monthly basis. Invoices are due and <br />payable within 39 35 days of receipt. If Owner- fails to make any payment Elu <br />gagifle@F fe. mid expenses within 30 days after- Feeeipt of Etigineer-'s <br />t In addition, Engineer may, after giving seven days written notice to Owner, <br />suspend services under this Agreement until Engineer has been paid in full all <br />amounts due for services, expenses, and other related charges. Owner waives any <br />and all non -disputed claims against Engineer for any such suspension. Payffwfits <br />will be efedite4 ffst to inte-i-p-st Rad then to pFineipab <br />3.01 Termination <br />A. The obligation to continue performance under this Agreement may be terminated: <br />1. For cause, <br />a. By either party upon 30 days written notice in the event of substantial <br />failure by the other party to perform in accordance with the Agreement's <br />terms through no fault of the terminating party. Failure to pay Engineer <br />for its services is a substantial failure to perform and a basis for <br />termination. <br />b. By Engineer: <br />1) upon seven days written notice if Owner demands that Engineer <br />furnish or perform services contrary to Engineer's responsibilities as <br />a licensed professional; or <br />2) upon seven days written notice if the Engineer's services for the <br />Project are delayed for :more than 90 days for reasons beyond <br />Engineer's control. <br />Engineer shall have no liability to Owner on account of a termination by <br />Engineer under Paragraph 3.01.A. Lb. <br />c. Notwithstanding the foregoing, this Agreement will not terminate as a <br />result of a substantial failure under Paragraph 3.01.A. La if the party <br />receiving such notice begins, within seven days of receipt of such notice, <br />to correct its substantial failure to perform and proceeds diligently to <br />cure such failure within no more than 30 days of receipt of notice; <br />provided, however, that if and to the extent such substantial failure <br />cannot be reasonably cured within such 30 day period, and if such party <br />Page 2 <br />EJCDC E-500 Agreement Between Owner and Engineer for Professional Services <br />Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. <br />