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V • �- I / � _' � . <br /> �� = <br /> � = D� I <br /> I a list of wpie�is attache s co ies of which are on file in the office of the Ci <br /> Enaine� _ _ <br /> 2. �eveloper a�ad City anl�9gency agree that in the event a claim of Consultant or Contractor <br /> Jesults'tt�oart�.+staei�e described in �arearaoh 31E1111(ah c above a r000rtionate .,---"" °«a1ad <br /> ��—. P _ u tne afawnsnumw musas <br /> nt of�laim mav be bv Cilv and Aaencv Developer further ackn�wledges that its ..--� °��+�^���� <br /> � -"'--"'- - - -----'-"""'-- --"----' wAlGeprtxatedalYratlhCOrc <br /> -- contr�l oblt�{pn to indemnify City and Agency extends to daims asserted by C�msuttants and °D "�" 9 ���"an <br /> _ oa,awu.a. <br /> _ Contracto�eekings�mpensation for alleged changes or exUa work for which the City and Agency <br /> = are not liabf�o Developer under this paragreph 3(E). <br /> �- City Agency will not, under any circumstances, be financially or otherwise responsible <br /> I for�atking Facility Costs arising from material deficiencies in the design or management of the <br /> Pubiic�arkina Facili or Pro'ect,__ .- oaiaaa: u�asru�e R,aw � <br /> � --------1 - --------- -----------------------------------------------------------------------.--'" Parkinp FatllNy <br /> F. Fee as Full Compensation. <br /> The Fee payable to Developer as provided in Section 3(D)(2) shali be full compensation to <br /> Developer for all of its Services and expenses including, without limitation, wages and salaries, <br /> travel, insurance, rent, secretarial and clerical support, dupliption and copying, telephone, <br /> telegraph and other communication charges, and all other related and unrelated costs and <br /> expenses, overhead and profit. Developer shall not be entitled to receive reimbursement or other <br /> payment for any overhead or administrative costs or any other expenses of any nature i�curred by <br /> Developer in performing the Services and obliflations under this Agreement. <br /> G. Limitation on Payments to Developer <br /> 1. Payments to Developer under this Agreement, excluding the Fee, shall not exceed the Not- <br /> to-Exceed Parking Facility Cost without the prior written authorization of the City's Project Manager, <br /> the City Council and the Agency's Board of Directors. <br /> 2. No amendment to this Agreement that, individually or collectively, increases the fee or <br /> Parking Facility Costs payable by City and Agency hereunder is valid unless such task orders or <br /> amendments are approved by City's Project Manager, the City Council and the Agency's Board of <br /> Directors. <br /> H. Payment Procedure <br /> 1. Compensation and reimbursement of Parking Facility Costs shall be made based upon <br /> monchly billing by Developer to City and Agency. The billing shall include all of the following: <br /> ; �hrmatted: FOnt: 9 p[ <br /> 5 �76'03 10 � - � �eleoed: f�8B77v10 3J7B6/00p1 <br /> . ": �3'B6�OOOL <br /> . . _ � , <br /> DB8100903/Agr.147 � �-�--� ----� ...............� `. <br />