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services in addition to those set forth above. Owner shall pay Engineer for its services as set forth <br />in Paragraphs 7.01 and 7.02. <br />B. Engineer shall complete its services within a reasonable time, or within the following specific time <br />period: It is anticipated that the City desire to go to bids with the completed des i nn of Contracts <br />Document by the end of 2020. <br />C. If the Project includes construction -related professional services, then Engineer's time for <br />completion of services is conditioned on the time for Owner and its contractors to complete <br />construction not exceeding M months. If the actual time to complete construction exceeds the <br />number of months indicated, then Engineer's period of service and its total compensation shall be <br />appropriately adjusted. <br />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 30 35 days <br />of receipt. if Ov�%er- fails te make any payment &e Engineer- for- sefviees and expenses within <br />fate ef days after- r-eeeipt of Engineer's invoiee, then the amotints due Engineer- will be iner-eased at the <br />,; per- menth (er- the ma-xiffmin rate of interest pefmitted by law, if less) fr-efn sai <br />thii �� 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. Payments will be er-edited first te interest and then to pr-ineipah <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 <br />the 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 <br />under Paragraph 3.0I I.A. Lb. <br />c. Notwithstanding the foregoing, this Agreement will not terminate as a result of a <br />substantial failure under Paragraph 3.0I.A.1.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 />Page 2 <br />EJCDC E-500 Agreement Between Owner and Engineer for Professional Services <br />Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. <br />