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2.01 Payment Procedures <br />A. Invoices: 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 39 35 days of <br />receipt: f-0wner­`ai6—te mallally pay :u l.1-ei- r i ^aewjes-wi1himn--Y, <br />� r ral *ipt � eel s i v€ i e„ tl tl aunts F i sed tom' <br />r l n-xhmumra fe -peF' b l" 1ess)4t*m"aid4h"*"ay. <br />In addition, Engineer may, after giving seven days written notice to Owner, suspend services under <br />this Agreement until Engineer has been paid in full all amounts due for services, expenses, and <br />other related charges. Owner waives any and all non -disputed claims against Engineer for any such <br />suspension. P iymentw _ , t4o-itiWa nd they tc <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 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 3.0l .A.l.b. <br />c. Notwithstanding the foregoing, this Agreement will not terminate as a result of a <br />substantial failure under Paragraph 3.0LA. La 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 />B. The terminating party under Paragraph 3.0l .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 />Page 2 <br />EJCDC E-500 Agreement Between Owner and Engineer for Professional Services <br />Copyright 0 2008 National Society of Professional Engineers for EJCDC. AB rights reserved. <br />