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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 />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 <br />and 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. <br />C. Effective Date of Termination: The terminating party under Paragraph 6.05.B may set the <br />effective date of termination at a time up to 30 days later than otherwise provided to allow <br />Engineer to demobilize personnel and equipment from the Site, to complete tasks whose value <br />would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and <br />to assemble Project materials in orderly files. <br />D. Payments Upon Termination: <br />1. In the event of any termination under Paragraph 6.05, Engineer will be entitled to invoice <br />Owner and to receive full payment for all services performed or furnished in accordance with <br />this Agreement and all Reimbursable Expenses incurred through the effective date of <br />termination. Upon making such payment, Owner shall have the limited right to the use of <br />Documents, at Owner’s sole risk, subject to the provisions of Paragraph 6.03.E. <br />2. In the event of termination by Owner for convenience or by Engineer for cause, Engineer shall <br />be entitled, in addition to invoicing for those items identified in Paragraph 6.05.D.1, to <br />invoice Owner and to payment of a reasonable amount for services and expenses directly <br />attributable to termination, both before and after the effective date of termination, such as <br />reassignment of personnel, costs of terminating contracts with Engineer’s Consultants, and <br />other related close-out costs, using methods and rates for Additional Services as set forth in <br />Exhibit C.