Laserfiche WebLink
F×S:dft 5/04/95 (004/73) <br /> 5/09/95R <br /> 5/17/95R <br /> FXS:rg 6/20/95R <br /> 7/06/95R <br /> 7/20/95R <br />accordance with the terms and conditions of this Agreement, <br /> <br />including provisions concerning CM/GC's fee and amounts to be <br />paid for Contingency items. Subject to the terms and conditions <br />of this Agreement or as specifically otherwise required by law, <br />any and all expenses and costs for labor or materials, or other <br />related expenses within the scope of CM/GC's performances under <br />this Agreement, which are above the FAP, shall be CM/GC's sole <br />responsibility. <br /> <br /> If after the FAP has been established, it reasonably appears <br />to the Architect that the City cannot complete the Project for an <br />amount within the FAP, the City shall have the right to terminate <br />this Agreement without fault in accordance with paragraph 16(b) <br />of this Agreement. In addition, under such circumstances, if the <br />City fails either to increase the FAP or to terminate this <br />Agreement without fault, within a reasonable time, CM/GC may give <br />written notice requiring City to make a decision as to whether <br />the FAP will be increased or the Agreement will be terminated. <br />If the City, within 15 days after receipt of such notice, fails <br />to make such a decision, then Contractor may cease performance <br />and terminate this Agreement without fault. In the event of such <br />termination, the parties' rights shall be determined under <br />Paragraph 16(b) as if the City had terminated the Agreement <br />without fault. <br /> <br /> (c) Payment to Subcontractors. Payments to <br />Subcontractors shall be made by CM/GC out of the FAP funds and <br />shall be subject to the written approval by the City Engineer and <br />receipt by City of acceptable lien releases. CM/GC's request for <br /> <br />payment to Subcontractors shall be made monthly and shall be <br /> <br /> 4 <br /> <br /> <br />