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Engineer's period of service and its total compensation shall be appropriately <br />adjusted. <br />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 <br />and payable within 30 days of receipt. In addition, Engineer may, after giving seven <br />days written notice to Owner, suspend services under this Agreement until Engineer <br />has been paid in full all amounts due for services, expenses, and other related <br />charges. Owner waives any and all claims against Engineer for any such <br />suspension. Payments will be credited first to interest and then to principal. <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 parry to perform in accordance with the <br />Agreement's terms through no fault of the terminating parry. Failure to <br />pay Engineer for its services is a substantial failure to perform and a <br />basis for 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 <br />Project are delayed for more <br />Engineer's control. <br />if the Engineer's services for the <br />than 90 days for reasons beyond <br />Engineer shall have no liability to Owner on account of a termination by <br />Engineer under Paragraph 3.01.A. l .b. <br />c. Notwithstanding the foregoing, this Agreement will not terminate as a <br />result of a substantial failure under Paragraph 3.01.A.1.a if the party <br />receiving such notice begins, within seven days of receipt of such <br />notice, to correct its substantial failure to perform and proceeds <br />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 <br />failure cannot be reasonably cured within such 30 day period, and if <br />such parry has diligently attempted to cure the same and thereafter <br />continues diligently to cure the same, then the cure period provided for <br />EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. <br />Copyright ©2009 National Society of Professional Engineers for EJCDC. All rights reserved. <br />Page 2 <br />