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<br />A. Preparation of Invoices. Engineer will prepare
<br />a monthly invoice in accordance with Engineer's
<br />standard invoicing practices and submit the invoice to
<br />Owner.
<br />if the Engineer's services for the Project
<br />are delayed or suspended for more than
<br />90 days for reasons beyond Engineer's
<br />control.
<br />B. Payment of L:voices. Invoices are due and
<br />payable within .30 days of receipt. If Owner fails to
<br />make any payment due Engineer fbr services and
<br />expenses within .30 days after receipt of Engineer's
<br />invoice, the amounts due Engineer will be increased at
<br />the rate of 1..0% per month (or the maximum rate of
<br />interest permitted by law, if less) from said thirtieth day..
<br />In addition, Engineer may, without liability, after giving
<br />seven days written notice to Owner, suspend services
<br />under this Agreement until Engineer has been paid in
<br />full all amounts due for services, expenses, and other
<br />related charges, Payments will be credited 5rst to
<br />interest and then to principal.
<br />.3,01 Additional Services
<br />A. If authorized by Owner, or if required because
<br />of changes in the Project, Engineer shall famish services
<br />in addition to those se[ forth above.
<br />B. Owner shall pay Engineer for such additional
<br />services as follows: For additional services of
<br />Engineer's employees engaged directly on the Project
<br />an amount equal to the cumulative hours charged [o the
<br />Project by each class of Engineer's employees times
<br />standard hourly rates for each applicable billing class;
<br />plus reimbursable expenses and Engineer's
<br />consultants' ch arges, if any.
<br />4,01 Termination
<br />A, The obligation to provide further services
<br />under this Agreement may be terminated:
<br />1. For cause,
<br />a, By either pazty upon 30 days written
<br />notice in the event of substantial failure by the
<br />other party to perform in accordance with the
<br />Agreement's terms through no fault of the
<br />terminating party.
<br />b. By Engineer:
<br />I) upon seven days written notice
<br />if' Engineer believes [hat Engineer is
<br />being requested by Owner to furnish or
<br />perform services contrary to Engineer's
<br />responsibilities as a licensed
<br />professional; or
<br />2) upon seven days written notice
<br />3) Engineer shall have no liability
<br />to Owner on account of such
<br />termination..
<br />c. Notwithstanding the foregoing, this
<br />Agreement will not terminate as a result of a
<br />substantial failure under paragraph 4.OLA.I.a
<br />if' the party receiving such notice begins,
<br />within seven days of receipt of such notice, to
<br />correct its failure and proceeds diligently to
<br />cure such failure within no more than .30 days
<br />of receipt of notice; provided, however, that if
<br />and to the extent such substantial failure
<br />cannot be reasonably cured within such .30 day
<br />period, and if' such party has diligently
<br />attempted to cure the same and thereafter
<br />continues diligently to cure the same, then the
<br />cure period provided for herein shall extend
<br />up to, but in no case more than, 60 days after
<br />the date of receipt of the notice.
<br />2, For convenience, by Owner effective upon the
<br />receipt of notice by Engineer,
<br />B. The terminating party under paragraphs
<br />4.O1.A.1 or 4.O1.A,2 may set the effective date of
<br />termination at a time up to .30 days later than otherwise
<br />provided to allow Engineer to demobilize personnel and
<br />equipment from the Project site, to complete tasks whose
<br />value would otherwise be lost, to prepare notes as to the
<br />status of completed and uncompleted tasks, and ro
<br />assemble Project materials in orderly files,
<br />5,01 Controlling Law
<br />A. This Agreement is to be governed by the law
<br />of the state in which the Project is located.
<br />6.01 Successors, Assigns, and Beneficiaries
<br />A. Owner and Engineer each is hereby bound and
<br />the pazmers, successors, executors, administrators, and
<br />legal representatives of Owner and Engineer (and to the
<br />extent permitted by pazagraph 6ALB the assigns of
<br />Owner and Engineer) are hereby bound to the other
<br />party to [his Agreement and to the partners, successors,
<br />executors, administrators, and legal representatives (and
<br />said assigns) of such other party, in respect of all
<br />covenants, agreements, and obligations of this
<br />Agreement,
<br />B. Neither Owner nor Engineer may assign,
<br />sublet, or transfer any rights under or interest (including,
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<br />GJCDC E~520 Short Toms of Agreement Between Owner and Gnginccr for Professional Services
<br />Copyright m 2002 Notional Society of Professional Tngineers for G7CDC, All rights reserved.
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