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or conditions at the Project Site. The Not-to-Exceed Streetscape Cost includes all costs <br /> Developer, Consultants and Contractors will incur on account of such conditions. <br /> C. The Cost of the Work <br /> 1. The Cost of the Work is the cost of all labor, materials, equipment, <br /> overhead, taxes, utilities, insurance, royalty and license fees, deposits and other "hard" <br /> costs of constructing the Streetscape Improvements and Street Modifications actually <br /> paid by Developer to or on behalf of Wentz Group, the general contractor, and its <br /> subcontractors. <br /> 2. City and Agency and their accountants may audit the Cost of the <br /> Work when the Streetscape Improvements and Street Modifications are complete or this <br /> Agreement is terminated for any reason. Developer shall require its Contractors and <br /> Consultants to make their cost records available and otherwise cooperate in this audit <br /> as provided in Section 9. All amounts paid by City and Agency under this Agreement <br /> shall be subject to adjustment as a result of any audit, and the parties shall make any <br /> payment required as a result of the audit within finrenty (20) days of the date the City and <br /> Agency give Developer written notice of the audit results. <br /> 3. Developer shall provide the City a unit cost for each element of the <br /> Streetscape Improvements and Street Modifications, which will be used for the purpose <br /> of calculating the amount of payment due to Developer. <br /> D. Reserved. <br /> E. Payments to Developer. <br /> 1. City and Agency shall reimburse Developer for the City portion of <br /> the Streetscape Improvement Costs no more often than monthly, in accordance with the <br /> procedures set forth in section 2(H), below. <br /> 2. In addition to the Streetscape Improvement Costs, City and Agency <br /> shall pay Developer a fee for Services in an amount equal to three percent (3%) of the <br /> City portion of the actual Cost of the Work, as confirmed by audit. This Fee shall be <br /> paid monthly, based on the Cost of the Work approved for reimbursement as described <br /> in Section 2(A). The Fee shall be subject to adjustment upon completion of the Project <br /> based upon the audited Cost of the Work. <br /> � <br /> 840847v8 33786/0001 <br />