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2.01 I apnenl Procedures <br />A. hmoices: 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 35 days of <br />receipt. In 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 />Engineer for any such suspension. <br />3.01 Terminalion <br />A. The obl igation to continue performance under this Agreement â–ºnay be terlliinated: <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 perform in accordance with the Agreement's terms through no fault of the <br />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 delayed <br />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 under <br />Paragraph 3.0 LA. Lb. <br />c. Notwithstanding the foregoing, this Agreement will not terminate as a result of a <br />substantial failure under Paragraph 3.0I .A.l .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 to <br />cure the same and thereafter continues diligently to cure the Same, then the cure period <br />provided for herein Shall extend up to, but in no case more than, 60 days after the date of <br />receipt of the notice. <br />2. For convenience, by Owner effective upon Engineer's receipt of written notice from Owner. <br />R The terminating party under Paragraph 3.01.A may set the effective date of termination at a time up <br />to 30 days later than otherwise provided to allow Engineer to complete tasks whose value would <br />Pale 2 <br />I 500 Agrecmcnt Inc IN%ccn Mucr and I:ugi racer forICI"ofesslUl Inn seI Nice$ <br />Cop)righI © 2408 \atiolmI Sue ictI of ProfessiminI Engineers for F.ICDC. :UI rights rescr%ed, <br />