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no less than thirty five (35) days after the City has accepted the Streetscape <br /> Improvements and has recorded a Notice of Completion for the Streetscape <br /> Improvements and Street Modifications. <br /> I. Withholdinq Pavment. <br /> City and Agency may withhold, or on account of subsequently <br /> discovered evidence nullify, the whole or a part of any payment to such <br /> extent as may be necessary to protect City and Agency from loss, including <br /> costs and attorneys' fees, on account of (1) defective or deficient work <br /> product not remedied; (2) claims filed or reasonable evidence indicating <br /> probable filing of a claim or claims; (3) failure of Developer to make <br /> payments properly to its employees, Contractors or Consultants; or (4) <br /> failure to adhere to the Project Schedule or to achieve sufficient progress <br /> with the Services such that Developer is unlikely to achieve timely <br /> completion. <br /> 3. ADDITIONAL SERVICES. In the event City or Agency desires the performance <br /> of additional services not otherwise included within the services described in Exhibit "A," <br /> such services shall be authorized by City and Agency by Change Order or task order <br /> approved in advance of the performance thereof. Such amendment or task order shall <br /> include a description of the services to be performed thereunder, the maximum <br /> compensation and reimbursement of costs and expenses payable therefor, the time of <br /> performance thereof, and such other matters as the parties deem appropriate for the <br /> accomplishment of such services. Except to the extent modified by an amendment or <br /> task order, all other terms and conditions of this Agreement shall be deemed <br /> incorporated in each such amendment or task order. <br /> If the City or the Agency directs or instructs the Developer to perForm or <br /> furnish any Service or work that Developer believes falls outside the scope of <br /> Developer's Services and entitles it to additional compensation or an adjustment of the <br /> Project Schedule, Developer shall promptly notify City and Agency in writing. Developer <br /> shall give notice to City and Agency no later than two business days after the event <br /> giving rise to the Developer's claim. No dispute over directed Services or work will <br /> delay Developer's performance under this Agreement. <br /> 10 <br /> 840847v8 33786/0001 <br />