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C. If the Project includes construction -related professional services, then Consultant's time for <br />completion of services is conditioned on the time for Owner and its contractors to complete <br />construction not exceeding 6 months. If the actual time to complete construction exceeds the <br />number of months indicated, then Consultant's period of service and its total compensation shall be <br />appropriately adjusted. <br />2.01 Payment Procedures <br />A. Invoices: Consultant shall prepare invoices in accordance with its standard invoicing practices and <br />submit the invoices to Owner on a monthly basis. Invoices are due and payable within 39 35 days <br />of receipt. if ONN%er- fails to make any payment "e Engineer- for- serviees and expenses within <br />fate of days after- r-eeeipt of Engineer's ilweiee, then the ameupAs due Engineer- will be iner-eased at th-e <br />,; per- month (or- the maximum rate of interest peani#ed by law, if less) ffofn saiA <br />thii4ieth day. In addition, Consultant may, after giving seven days written notice to Owner, suspend <br />services under this Agreement until Consultant has been paid in full all amounts due for services, <br />expenses, and other related charges. Owner waives any and all non -disputed claims against <br />Consultant for any such suspension. Payments wtee-er-editea�t to interest and then to <br />�h <br />3.01 Termination <br />A. The obligation to continue performance 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 by the <br />other party to perform in accordance with the Agreement's terms through no fault of <br />the terminating party. Failure to pay Consultant for its services is a substantial failure <br />to perform and a basis for termination. <br />b. By Consultant: <br />1) upon seven days written notice if Owner demands that Consultant furnish or <br />perform services contrary to Consultant's responsibilities as a licensed professional; <br />or <br />2) upon seven days written notice if the Consultant's services for the Project are <br />delayed for more than 90 days for reasons beyond Consultant's control. <br />Consultant shall have no liability to Owner on account of a termination by Consultant <br />under Paragraph 3.0I.A. I.b. <br />c. Notwithstanding the foregoing, this Agreement will not terminate as a result of a <br />substantial failure under Paragraph 3.0I.A.1.a if the party receiving such notice begins, <br />within seven 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 receipt of <br />notice; provided, however, that if and to the extent such substantial failure cannot be <br />reasonably cured within such 30 day period, and if such party has diligently attempted <br />to cure the same and thereafter continues diligently to cure the same, then the cure <br />period provided for herein shall extend up to, but in no case more than, 60 days after <br />the date of receipt of the notice. <br />Page 2 <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 />