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. '" '-- The amounts shown for each item (a) - (e) are the maximum amounts City and Agency '-' shall pay Developer for each of those items. Developer shall not be paid more than the amount shown in each line for the items described. The City and Agency must approve amounts to be paid under items (c) - Testing and Inspection - and (d) - AlE support during construction. The parking equipment included in the original Agreement has been deleted and will be the subject of a separate agreement between the parties, if any. Developer may invoice City and Agency for, and receive payment of, the amount of One Hundred and Fifty Thousand Dollars ($150,000) for Wentz' General Conditions in the payment application for work performed during the month of November, 2004. This payment will be made from the funds designated for General Conditions and Contingency. When the podium deck of the Project is completed in accordance with the Contract Documents, Developer may invoice City and Agency for an additional Eighty Thousand Dollars ($80,000) of General Conditions and Contingency funds, and the City and Agency shall pay that amount provided that General Conditions and Contingency funds remain available. When the City and Agency have disbursed the amount of $230,000, or such lesser amount as is available in the General Conditions and Contingency funds, City and Agency shall have no further responsibility for paying any amounts for delay in connection with the Project, such as extended general conditions, extended overhead, or other such costs. In calculating the Not-to-Exceed Parking Facility Cost, the parties assume that 1) Developer has not finalized pricing with Wentz for all elements of the Project or the Public Parking Facility, 2) Developer, Consultants and Contractors will, from time to time, encounter delays and difficult site conditions arising from limited access to work areas, other interference or conditions at the Project Site and 3) there may be additional changes in the design, construction or schedule of the Public Parking Facility. The Not- to-Exceed Parking Facility Cost includes compensation for any and all costs, expenses or liabilities arising from or related to such events or circumstances. As between the 3 770727v1633786/0001 ." . -"