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the award or formation of this agreement. For breach or violation of this warranty, City/Agency shall have the right to annul this Agreement without liability, or at City's/Agency's discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. Section 22. SUBSTITUTE SECURITY: The CM/GC and Trade Contractors may substitute securities for the amount retained by the City/Agency, if any. to ensure performance of this Agreement in accordance with the provisions of Section 22300 of the Public Contract Code. Section 23. REPRESENTATIONS UNDER PENALTY OF PERJURY: The representations made herein, including the CM/GC's licensing information, are made under penalty of perjury. Section 24. CLAIMS: A. This paragraph applies to all claims of Three Hundred Seventy Five Thousand and No/100 Dollars ($375,000.00) or less which arise between CM/GC and City/Agency. B. "Claim", as used in this paragraph, means a separate demand by CM/GC for (a) a time extension, (b) payment of money or damages arising from work done by, or on behalf of, CM/GC pursuant to this Agreement and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (c) an amount the payment of which is disputed by City/Agency. C. For any claim subject to this paragraph the following requirements apply: 1) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. 2) (a) For claims of less than Fifty Thousand and No/100 Dollars ($50,000.00), City/Agency shall respond in writing to any written claim within forty-five (45) days of receipt of the claim, or may request, in writing, within thirty (30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim City/Agency may have against CM/GC. (b) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City/Agency and CM/GC. Atty/Agr/2005.003 030805/L. Beck/50? 588v 7 Page 15 of 30 ..... -.... --, .. -'-"T""