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<br />regulatory authorities (including inspections) that could not reasonably have been <br />inferred from local practices or circumstances, or c) an order by the City and/or Agency <br />stopping work on the Public Parking Facility for any reason unrelated to the <br />performance of Developer or Developer's Contractors. Subject to the preceding <br />sentence, the City and Agency will not be responsible for Costs of the Work or other <br />costs associated with the Public Parking Facility, including but not limited to costs <br />arising from unforeseen conditions at the project Site, deficiencies in the design or <br />management of the Public Parking Facility or Project or delays in completion of the <br />Public Parking Facility or Project, that exceed the Not-to-Exceed Parking Facility Cost. <br />2. Developer, City and Agency agree that in the event a claim of Consultant <br />or Contractor results in part from a circumstance described in paragraph 3(E)(1), above, <br />a proportionate amount of the claim may be paid by City and Agency. Developer further <br />acknowledges that its contractual obligation to indemnify City and Agency extends to <br />claims asserted by Consultants and Contractors seeking compensation for alleged <br />changes or extra work for which the City and Agency are not liable to Developer under <br />this paragraph 3(E). <br />3. City and Agency will not, under any circumstances, be financially or <br />otherwise responsible for Parking Facility Costs arising from deficiencies in the design <br />or management of the Public Parking Facility or Project. <br /> <br />8. Section 3.G.3 (new) - Limitation on Payments to Developer - the following <br />language is added to this section: <br /> <br />3. Developer shall accept the amount paid by City and Agency for actual <br />Parking Facility Costs, plus the Developer's Fee, as defined in Section 3.0.2 of the <br />Agreement, as full compensation for all costs, expenses, fees, and other financial <br />obligations Developer, its Contractors and Consultants incur in connection with the <br />Downtown Public Parking Facility, including but not limited to the Cost of the Work, <br />testing, inspection, and architect/engineer support. The Not-to-Exceed Parking Facility <br />Cost above includes full compensation for events and circumstances addressed, or that <br /> <br />7 <br /> <br />770727vI233786/0001 <br />