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construction exceeds the number of months indicated, then Architect/Engineer's period of set -vice <br />and its total compensation shall be appropriately adjusted. <br />2.01 Payment Procedures <br />A. Invoices: Architect/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 payable within <br />-9 35 days of receipt. <br />0 <br />paFmitted by law, if less) f+eRi said thkieth . In addition, Architect/Engineer may, after giving <br />seven days written notice to Owner, suspend services under this Agreement until <br />Architect/Engineer has been paid in full all amounts due for services, expenses, and other related <br />charges. Owner waives any and all non -disputed claims against Architect/Engincer 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 patty upon 30 days written notice in the event of substantial failure by the <br />other patty to perform in accordance with the Agreement's terms through no fault of the <br />terminating party. Failure to pay Architect/Engineer for its services is a substantial <br />failure to perform and a basis for termination. <br />B. By Architect/Engineer: <br />1) upon seven days written notice if Owner demands that Architect/Engineer furnish or <br />perform services contrary to Architect/Engineer's responsibilities as a licensed <br />professional; or <br />2) upon seven days written notice if the Architect/Engineer's services for the Project <br />are delayed for more than 90 days for reasons beyond Architect/Engineer's control. <br />Architect/Engineer shall have no liability to Owner on account of a termination by <br />Architect/Engineer under Paragraph 3.01.A.1.b. <br />C. Notwithstanding the foregoing, this Agreement will not terminate as a result of a <br />substantial failure under Paragraph 3.01.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 faihlre cannot be <br />reasonably cured within such 30 day period, and if such party has diligently attempted to <br />cure the same and thereafter continues diligently to cure the same, then the cure period <br />provided for herein shall extend up to, but in no case more than, 60 days after the date of <br />receipt of the notice. <br />Page 2 <br />EJCDC E-500 Agreement Between Owner and Engineer for Professional Services <br />Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. <br />