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<br /> <br />EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. <br />Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, <br /> and American Society of Civil Engineers. All rights reserved. Page <br />2 <br />2. the presence at the Site of any Constituent of Concern; or <br />3. any relevant, material defect or nonconformance in: (a) Engineer’s services, (b) the <br />Work, (c) the performance of any Constructor, or (d) Owner’s performance of its <br />responsibilities under this Agreement. <br />ARTICLE 3 – SCHEDULE FOR RENDERING SERVICES <br />3.01 Commencement <br />A. Engineer is authorized to begin rendering services as of the Effective Date. <br />3.02 Time for Completion <br />A. Engineer shall complete its obligations within a reasonable time. Specific periods of time <br />for rendering services, or specific dates by which services are to be completed, are <br />provided in Exhibit A, and are hereby agreed to be reasonable. <br />B. If, through no fault of Engineer, such periods of time or dates are changed, or the orderly <br />and continuous progress of Engineer’s services is impaired, or Engineer’s services are <br />delayed or suspended, then the time for completion of Engineer’s services, and the rates <br />and amounts of Engineer’s compensation, shall be adjusted equitably. <br />C. If Owner authorizes changes in the scope, extent, or character of the Project or Engineer’s <br />services, then the time for completion of Engineer’s services, and the rates and amounts <br />of Engineer’s compensation, shall be adjusted equitably. <br />D. Owner shall make decisions and carry out its other responsibilities in a timely manner so <br />as not to delay the Engineer’s performance of its services. <br />E. If Engineer fails, through its own fault, to complete the performance required in this <br />Agreement within the time set forth, as duly adjusted, then Owner shall be entitled, as its <br />sole remedy, to the recovery of direct damages, if any, resulting from such failure. <br />ARTICLE 4 – INVOICES AND PAYMENTS <br />4.01 Invoices <br />A. Preparation and Submittal of Invoices: Engineer shall prepare invoices in accordance with <br />its standard invoicing practices and the terms of Exhibit C. Engineer shall submit its <br />invoices to Owner on a monthly basis. Invoices are due and payable within 30 days of <br />receipt. <br />4.02 Payments <br />A. Application to Interest and Principal: Payment will be credited first to any interest owed to <br />Engineer and then to principal. <br />B. Failure to Pay: If Owner fails to make any payment due Engineer for services and <br />expenses within 30 days after receipt of Engineer’s invoice, then: