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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 />1.01 Basic Agreement and Period of Service <br />A.Engineer shall provide, or cause to be provided, the services set forth in this Agreement. If <br />authorized by Owner, or if required because of changes in the Project, Engineer shall furnish <br />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.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 ___ 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 Owner fails to make any payment due Engineer for services and expenses within 30 <br />days after receipt of Engineer’s invoice, then the amounts due Engineer will be increased at the <br />rate of 1.0% per month (or the maximum rate of interest permitted by law, if less) from said <br />thirtieth day. 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 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 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 3.01.A.1.b. <br />c.Notwithstanding the foregoing, this Agreement will not terminate as a result of a <br />substantial failure under Paragraph 3.01.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