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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 />3 <br />1. amounts due Engineer will be increased at the rate of 1.0% per month (or the maximum <br />rate of interest permitted by law, if less) from said thirtieth day; and <br />2. Engineer may, after giving seven days written notice to Owner, suspend services under <br />this Agreement until Owner has paid in full all amounts due for services, expenses, and <br />other related charges. Owner waives any and all claims against Engineer for any such <br />suspension. <br />C. Disputed Invoices: If Owner disputes an invoice, either as to amount or entitlement, then <br />Owner shall promptly advise Engineer in writing of the specific basis for doing so, may <br />withhold only that portion so disputed, and must pay the undisputed portion subject to <br />the terms of Paragraph 4.01. <br />D. Sales or Use Taxes: If after the Effective Date any governmental entity takes a legislative <br />action that imposes additional sales or use taxes on Engineer’s services or compensation <br />under this Agreement, then Engineer may invoice such additional sales or use taxes for <br />reimbursement by Owner. Owner shall reimburse Engineer for the cost of such invoiced <br />additional sales or use taxes; such reimbursement shall be in addition to the <br />compensation to which Engineer is entitled under the terms of Exhibit C. <br />ARTICLE 5 – OPINIONS OF COST <br />5.01 Opinions of Probable Construction Cost <br />A. Engineer’s opinions (if any) of probable Construction Cost are to be made on the basis of <br />Engineer’s experience, qualifications, and general familiarity with the construction <br />industry. However, because Engineer has no control over the cost of labor, materials, <br />equipment, or services furnished by others, or over contractors’ methods of determining <br />prices, or over competitive bidding or market conditions, Engineer cannot and does not <br />guarantee that proposals, bids, or actual Construction Cost will not vary from opinions of <br />probable Construction Cost prepared by Engineer. If Owner requires greater assurance as <br />to probable Construction Cost, then Owner agrees to obtain an independent cost <br />estimate. <br />5.02 Designing to Construction Cost Limit <br />A. If a Construction Cost limit is established between Owner and Engineer, such Construction <br />Cost limit and a statement of Engineer’s rights and responsibilities with respect thereto <br />will be specifically set forth in Exhibit F to this Agreement. <br />5.03 Opinions of Total Project Costs <br />A. The services, if any, of Engineer with respect to Total Project Costs shall be limited to <br />assisting the Owner in tabulating the various categories that comprise Total Project Costs. <br />Engineer assumes no responsibility for the accuracy of any opinions of Total Project Costs.