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<br />PXS:d';1, 11/20/96 <br /> <br />(009/72) <br /> <br />termination, <br /> <br />the <br /> <br />parties I <br /> <br />rights <br /> <br />shall <br /> <br />be <br /> <br />determined <br /> <br />under <br /> <br />Paragraph l6(b) as if the City had terminated the Agreement <br /> <br />without fault. <br /> <br />CM/GC warrants that it has the present good faith <br /> <br />belief that the Project, <br /> <br />as herein described, <br /> <br />may and will be <br /> <br />completed for the Pinal Agreed Price. <br /> <br />(c) <br /> <br />Payment <br /> <br />to <br /> <br />Subcontractors. <br /> <br />Payments <br /> <br />to <br /> <br />Subcontractors shall be made by CM/GC out of the FAP funds and <br /> <br />shall be subject to the written approval by the City Engineer and <br /> <br />receipt by City of acceptable lien releases. <br /> <br />CM/GCls request for <br /> <br />payment <br /> <br />to <br /> <br />Subcontractors <br /> <br />shall be made monthly <br /> <br />and <br /> <br />shall <br /> <br />be <br /> <br />accompanied by acceptable documentary evidence of Subcontractorls <br /> <br />work in progress. <br /> <br />(d) Contingency Punds. At the time when the PAP is <br />established and is approved by the City, a reasonable and <br />mutually agreed portion of that FAP shall be allocated for <br />Contingencies, as defined below. The specific amount to be <br /> <br />allocated <br /> <br />for Contingencies <br /> <br />shall be <br /> <br />five <br /> <br />(5) <br /> <br />percent of the <br /> <br />Construction Cost. <br /> <br />For purposes of this Agreement, Contingencies <br /> <br />refer to costs and expenses: <br /> <br />resulting from minor discrepancies, <br /> <br />ambiguities, inaccuracies, or conflicts in plans, specifications, <br /> <br />other contract documents, or systems, methods or designs which a <br /> <br />construction manager <br /> <br />performing <br /> <br />CM/GCls <br /> <br />obligations <br /> <br />reasonably <br /> <br />should and could have discovered prior to the FAP having been <br /> <br />established, <br /> <br />but contingencies <br /> <br />shall <br /> <br />not <br /> <br />include: <br /> <br />changes <br /> <br />in <br /> <br />scope, costs incurred as a result of differing conditions, costs <br /> <br />which would be recoverable under Public Contract Code Sections <br /> <br />7102 or 7104, or costs attributable to the negligence, errors or <br /> <br />omissions by the Architect or other design professional, except <br />5 <br />