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16 -13 <br />4. In addition to any amounts to be paid in connection with the <br />Services described in this Agreement, City and Agency shall pay Developer the sum of <br />One Hundred and Two Thousand Dollars ($102,000) as the fee for Services performed <br />under the Culvert Relocation Agreement. City and Agency will pay Developer thi fee <br />thirty five days following completion and acceptance of the work performed under the <br />Culvert Relocation Agreement. Developer will accept this pay as full compensation <br />for its fee for performance of the Culvert Relocation Agree <br />E. Change Orders. <br />1. In consideration of the fact t eveloper esponsible for the <br />investigation of the Project Site and the de ' f the Undergro ublic Parking <br />Facility, Developer agrees, for itself and o alf of its nsultants a ontractors, <br />that the City and Agency will not pay more tha N xceed Parking acility Cost, <br />less Construction Contingency, o pEj&r,;c ount of S s or work that Developer or a <br />Consultant or Contractor could otffiir�laim as a ge order, extra services or <br />extra work unless Developer establishes, to t � e - s3fisfac tio ity and Agency, that the <br />additional cost is the regd done of '6 fe lawing n affirmative change in the <br />scope of Services irntiated by#Fie City o Agency; (b) a chance in Services that is <br />required by regulatobLauthodties - including that could not reasonably have <br />been inferred from 1& r@ oices�eFxg reum stances, or (c) unforeseen subsurface or <br />latent physical coriditions-w differ materially from those indicated in the information <br />provided by City an -d 4gen6�_ Developer and that Developer, its Consultants and <br />Contractors could not have identified in the course of performing a thorough and <br />prudent investigation of the = Project Site. <br />2 Developer and City and Agency agree that in the event a claim of <br />Consultant or Coiffrai�or is in part the result of one of the aforementioned causes, then <br />such additional cost will be prorated after all factors contributing to the claim are <br />considered. Developer further acknowledges that its contractual obligation to indemnify <br />City and Agency extends to claims asserted by Consultants and Contractors seeking <br />compensation for alleged changes or extra work for which the City and Agency are not <br />liable to Developer under this paragraph 3(E). <br />