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B. Engineer shall complete its services within a reasonable time, or within the following specific time <br />period: N/A <br />C. If the Project includes construction -related professional services, then Engineer's time for <br />completion of services is conditioned on the time for Owner and its contractors to complete <br />construction not exceeding N/A months. If the actual time to complete construction exceeds the <br />number of months indicated, then Engineer's period of service and its total compensation shall be <br />appropriately adjusted. <br />2.01 Payment Procedures <br />A. Invoices: Engineer 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 30 days of <br />receipt. If Owner fails to make any payment due Engineer for services and expenses within 30 days <br />after receipt of Engineer's invoice, then the amounts due Engineer will be increased at the rate of <br />1.0% per month (or the maximum rate of interest permitted by law, if less) from said thirtieth day. <br />In addition, Engineer ma�erivin seven daws written notice to Owner. susend services under <br />this Age~eement until Engineer has been paid .in full all amounts due for services,ex )enses, and <br />other Suspension. <br />Payments will be credited first to interest and then to principal. <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 Engineer for its services is a substantial failure to <br />perform and a basis for termination. <br />b. By Engineer: <br />1) upon seven days written notice if Owner demands that Engineer furnish or perform <br />services contrary to Engineer's responsibilities as a licensed professional; or <br />2) upon seven days written notice if the Engineer's services for the Project are delayed <br />for more than 90 days for reasons beyond Engineer's control. <br />Engineer shall have no liability to Owner on account of a termination by Engineer <br />under Paragraph 3.0I I.A. Lb. <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 failure cannot be <br />EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. <br />Copyright ©2009 National Society of Professional Engineers for EJCDC. All rights reserved. <br />Paae 2 <br />