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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 />1. By Owner: Owner may suspend the Project for up to 90 days upon seven days written notice <br />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 receipt <br />thereof; provided, however, that if and to the extent such substantial failure <br />cannot be reasonably cured within such 30 day period, and if such party has <br />diligently attempted to cure the same and thereafter continues diligently to <br />cure the same, then the cure period provided for herein shall extend up to, but <br />in no case more than, 60 days after the date of receipt of 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 effective <br />date of termination at a time up to 30 days later than otherwise provided to allow Engineer to <br />demobilize personnel and equipment from the Site, to complete tasks whose value would otherwise <br />be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Project <br />materials in orderly files. <br />D. Payments Upon Termination: