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PSA - Century Center Skyway Restroom Project No. 123-042 – American Structurepoint, Inc.
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PSA - Century Center Skyway Restroom Project No. 123-042 – American Structurepoint, Inc.
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3/14/2023 11:37:24 AM
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Board of Public Works
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Contracts
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3/14/2023
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<br /> Page 8 <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 />insurance coverage, different limits, or revised deductibles for such periods of time as requested by <br />Owner, and Exhibit G will be supplemented to incorporate these requirements. <br />6.05 Suspension and Termination <br />A. Suspension: <br />1. By Owner: Owner may suspend the Project for up to 90 days upon seven days written <br />notice to Engineer. <br />2. By Engineer: Engineer may, after giving seven days written notice to Owner, suspend <br />services under this Agreement if Engineer's performance has been substantially delayed <br />through no fault of Engineer. <br />B. Termination: The obligation to provide further services 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 <br />by the other party to perform in accordance with the terms hereof through no <br />fault of the terminating party. <br />b. By Engineer: <br />1) upon seven days written notice if Owner demands that Engineer <br />furnish or perform services contrary to Engineer’s responsibilities as <br />a licensed professional; or <br />2) upon seven days written notice if the Engineer’s services for the <br />Project are delayed or suspended for more than 90 days for reasons <br />beyond Engineer’s control. <br />3) Engineer shall have no liability to Owner on account of such <br />termination. <br />c. Notwithstanding the foregoing, this Agreement will not terminate under <br />Paragraph 6.05.B.1.a if the party receiving such notice begins, within seven <br />days of receipt of such notice, to correct its substantial failure to perform and <br />proceeds diligently to cure such failure within no more than 30 days of <br />receipt thereof; provided, however, that if and to the extent such substantial <br />failure cannot be reasonably cured within such 30 day period, and if such <br />party has diligently attempted to cure the same and thereafter continues <br />diligently to cure the same, then the cure period provided for herein shall <br />extend up to, but in no case more than, 60 days after the date of receipt of <br />the notice. <br />2. For convenience, <br />a. By Owner effective upon Engineer’s receipt of notice from Owner.
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