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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 />C.Owner shall be responsible for, and Engineer may rely upon, the accuracy and <br />completeness of all requirements, programs, instructions, reports, data, and other <br />information furnished by Owner to Engineer pursuant to this Agreement. Engineer may use <br />such requirements, programs, instructions, reports, data, and information in performing or <br />furnishing services under this Agreement. <br />ARTICLE 3 – SCHEDULE FOR RENDERING SERVICES <br />3.01 Commencement <br />A.Engineer is authorized to begin rendering services as of the Effective Date. <br />3.02 Time for Completion <br />A. <br />B. <br />Engineer shall complete its obligations within a reasonable time. Specific periods of <br />time for rendering services are set forth or specific dates by which services are to be <br />completed are provided in Exhibit A, and are hereby agreed to be reasonable. <br />If, through no fault of Engineer, such periods of time or dates are changed, or the <br />orderly and continuous progress of Engineer’s services is impaired, or Engineer’s services <br />are delayed or suspended, then the time for completion of Engineer’s services, and the rates <br />and amounts of Engineer’s compensation, shall be adjusted equitably. <br />C.If Owner authorizes changes in the scope, extent, or character of the Project, then <br />the time for completion of Engineer’s services, and the rates and amounts of Engineer’s <br />compensation, shall be adjusted equitably. <br />D. <br />E. <br />Owner shall make decisions and carry out its other responsibilities in a timely <br />manner so as not to delay the Engineer’s performance of its services. <br />If Engineer fails, through its own fault, to complete the performance required in this <br />Agreement within the time set forth, as duly adjusted, then Owner shall be entitled, as <br />its sole remedy, to the recovery of direct damages, if any, resulting from such failure. <br />ARTICLE 4 – INVOICES AND PAYMENTS <br />4.01 Invoices <br />A.Preparation and Submittal of Invoices: Engineer shall prepare invoices in <br />accordance with its standard invoicing practices and the terms of Exhibit C. Engineer shall <br />submit its invoices to Owner on a monthly basis. Invoices are due and payable within 35 <br />days of receipt. <br />4.02 Payments <br />A.Application to Interest and Principal: Payment will be credited first to any interest <br />owed to Engineer and then to principal. <br />B.Failure to Pay: If Owner fails to make any payment due Engineer for services and <br />expenses within 30 days after receipt of Engineer’s invoice, then: