Laserfiche WebLink
complete construction exceeds the number of months indicated, then Engineer's <br />period of service and its total compensation shall be appropriately adjusted. <br />2.01 Payment Procedures <br />A. Invoices: Engineer shall prepare invoices in accordance with its standard invoicing <br />practices and submit the invoices to Owner on a monthly basis. Invoices are due and <br />payable within 30 days of receipt. In addition, Engineer may, after giving seven days <br />written notice to Owner, suspend services under this Agreement until Engineer has <br />been paid in full all amounts due for services, expenses, and other related charges. <br />Owner waives any and all non -disputed claims against Engineer for any such <br />suspension. <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 parry upon 180 days written notice in the event of substantial <br />failure by the other party to perform in accordance with the Agreement's <br />terms through no fault of the terminating party. Failure to pay Engineer <br />for its services is a substantial failure to perform and a basis for <br />termination. <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 for more than 90 days for reasons beyond <br />Engineer's control. <br />Engineer shall have no liability to Owner on account of a termination by <br />Engineer under Paragraph 3.01.A. Lb. <br />c. Notwithstanding the foregoing, this Agreement will not terminate as a <br />result of a substantial failure under Paragraph 3.01.A.1.a if the party <br />receiving such notice begins, within seven days of receipt of such notice, <br />to correct its substantial failure to perform and proceeds diligently to <br />cure such failure within no more than 30 days of receipt of notice; <br />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 <br />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 />EJCDC E-920 Short Form of Agreement Between Owner and Engineer for Professional Services. <br />Copyright (02009 National Society of Professional Engineers for EJCDC. All rights reserved. <br />Page 2 <br />