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" City, Agency and Developer, Developer s1'ìáll pay any and all Parking Facility Costs that exceed the Not-to-Exceed Parking Facility Cost. Notwithstanding anything to the contrary contained in this Section 3 or any other provision of the Agreement or this Amendment, City and Agency shall remain responsible for payment of any amounts in connection with the Public Parking Facility that arise as a result of the causes described in items a), b) and c) in section 3.E.1 of the Agreement, as amended hereby. 2. Section 3.B of the Agreement - The Cost of the Work - is replaced with the following language: 1. The Cost of the Work is the cost of all labor, materials, equipment, overhead, taxes, utilities, insurance, royalty and license fees, deposits and all other "hard" costs of constructing the Public Parking Facility (as described in the plans and specifications set forth in Exhibit B to this Amendment, subject to the exceptions and clarifications set forth in Exhibit C to this Amendment) paid by Developer to or on behalf of Wentz Group, the general contractor, and its subcontractors. 2. City and Agency and their accountants may audit the Cost of the Work when the Public Parking Facility is complete or this Agreement is terminated for any reason. Developer shall require its Contractors and Consultants to make their cost records available and otherwise cooperate in this audit as provided in Section 10 of the Agreement. All amounts paid by City and Agency under this Agreement shall be subject to adjustment as a result of any audit, and the parties shall make any payment required as a result of the audit within twenty (20) days of the date the City and Agency give Developer written notice of the audit results. 3. Section 3.C of the Agreement - The Construction Contingency - is replaced with the following language: 4 770727vI633786/0001 .~~ . -_.- -.-...-