Professional Services Agreement - Abonmarche Consultants - Mayflower and Adams Road Traffic Impact Study

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construction not exceeding months. If the actual time to complete construction exceeds the number of months indicated, then Engineer's period of service and its total compensation shall be appropriately adJusted. 2.01 Payment Procedures A. Invoices: Engineer 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 3,0 35 days of gifle( -44-SeWic-es W-days 31' 5 -ftHd-,eX-peases-witJ,1j*-.2 in-sa (4-thiitiedl7da)L In addition, Engineer may, after giving seven days, written notice to Owner, suspend services tinder this Agreement until Engineer has been paid in M1 all amounts due for Services, expenses, and other related charges. Owner waives any and ail 110ji-disputed claims against Engineer for any such susPcusiOM NYr�nent-s-wi47kb"fedited-fi-FA4o4j-A-emst-and-theii-to-pfineipal,,.- 3.01 Termination A. The obligation to continue performance under this Agreement maybe terminated: 1. For cause, a. By either party upon 30 days written notice ill the event of substantial failure by the other panty to, perforn, in accordance with the Agreement's terms through no fault of the terminating party. Failure to pay Engineer for its services is a substantial failure to perform and a basis for ten-nination. b. By Engineer: upon seven days written notice if Owner dentands, that Engineer furnish or perform services contrary to Engineer's responsibilities as a licensed professional; or 2) upon seven days written notice if the Engineer's services for the Project are delayed for more than 90 days for reasons beyond Engineer's control. Engineer shall have no liability to Owner on account of a termination by Engineer under Paragraph 3. 0 I.A. Lb. c. Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure under Paragraph 3,01 -A. I a if the party receiving such notice begins, within seven days of receipt of such notice, to correct its substantial failure to perforrn 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 Engineer's receipt of written notice from Owner. Page 2 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services pyright (D 2008 National Society of Professional Engineers for EJCDC. All ri hts reserved.