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2.01 Payment Procedures <br />A. Invoices: Efginew Architect 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 payable within <br />39 35 days of receipt. p <br />due -e-iaefftstd <br />at-4le rate of 1.094-peH*e� a � . <br />�{:` ay- In addition, . Architect may, after giving seven days written notice to Owner, <br />suspend services under this Agreement until Effg4vaff Architect has been paid in full all amounts <br />due for services, expenses, and other related charges. Owner waives any and all non -disputed <br />claims against Engineef Architect for any such suspension. Payments will be e. tr-s+ <br />inter,est and4lhend <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 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 EAgineef Architect for its services is a substantial <br />failure to perform and a basis for termination. <br />b. By Engmeef Architect: <br />1) upon seven days written notice if Owner demands that EA&eer Architect furnish <br />or perform services contrary to Enginee Architect's responsibilities as a licensed <br />professional; or <br />2-) upon seven days written notice if the lingkieff Architect's services for the Project <br />are delayed for more than 90 days for reasons beyond Fingineef Architect's control. <br />Architect shall have no liability to Owner on account of a termination by <br />Architect under Paragraph 3.0LA. Lb. <br />c. Notwithstanding the foregoing, this Agreement will not terminate as a result of a <br />substantial failure under Paragraph 3.01.A.l.a if the parry 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 Engine Architect's receipt of written notice <br />from Owner. <br />Page 2 <br />EJCDC E-500 Agreement Between Owner and Engineer for Professional Services <br />Copyright ©2008 National Societyof Professional Engineers for EJCDC. All rights reserved. <br />