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8���- = <br /> � = =. DRAFi <br /> at their s^'°,. rTsas�r 'na retained funds excess of an amount eaual to One <br /> Hundr .a�rid FiT�a�ercent �%) of value'of anv remainina com�lete or dis�uted work as shown <br /> on ist attacheBxo the No�e of Substantial Comoletion Those funds wilt be released no less <br /> than t��ve.f�ftPr tl�Citv and Aaencv have acceoted the Public Parkma Faalitv and <br /> ecortf&�a Notice of C81Rbletion for the F �biic Parkina Facilitv. <br /> '� VP�6olding Payment <br /> _ City and �ncy R�r withhold, or on account o� subsequenUy discovered evidence nulliry, the <br /> = whole or a�rt of any payment to such extent as may be necessary to proted City and Agency <br /> � loss, �ding costs and attomeys' fees, on account of (1) defective or deficient work product <br /> no�:em�red; (2) claims filed or reasonable evidence indicating probabie filing of a claim or Gaims; <br /> (3) failure of Oeveloper to make payments properly to its employees, Contractors or Consultants; or <br /> (4) failure to adhere to the Project Schedule or to achieve sufficient progress with the Services such <br /> that Developer is unlikely to achieve 6mely completion. <br /> 4. ADDITIONAL SERVICES. In the event City or Agency desires the performance of additional <br /> services not otherwise inciuded within the services described in Exhibit °A," such services shall be <br /> I authorized by City and Agency by �hanqe Order or task order approved_ in_ of the .,•��"� Da1e°eds <br /> ------------------- <br /> ----------------- --- <br /> performance thereof. Such amendment or task order shall include a description of the services to <br /> be performed thereunder, the maximum compensation and reimbursement of costs and expenses <br /> payable therefor, the time of performance thereof, and such other matters as the parties deem <br /> appropriate for the accomplishment of such services. Except to the extent mod�ed by an <br /> amendment or 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 fumish any Service <br /> or work that Developer believes falls outside the scope of Developers Services and entitles it to <br /> additional compensation or an adjustment of the Project Schedule, Developer shall promptly not'rfy <br /> City and Agency in writing. Developer shall give notice to City and Agency no later than two <br /> I business days after the event giving rise to the Developer's claim. No disnute over directed <br /> Services or work will delav Deveiooer's oertormance under this Aareement <br /> l ro^^a` ecsd Fmt v <br /> sizsio3 '�.,� oa�ecae: searrvio 3a�eer000� <br /> I iz <br /> ,56 33786/0001 <br /> DB8100903/Agr.147 .. ..--�--.-..-�...-�----- :�� <br />