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FXS:dft 5/04/95 (004/73) 5/09/95R 5/17/95R FXS:rg 6/20/95R 7/06/95R 7/20/95R Errors"). In the event that Costs of Design Errors result in the amounts allocated for Contingencies being consumed (in whole or in part) or e~ceeded, CM/GC and City agree to cooperate in the filing of an action or arbitration. Cooperation under this paragraph does not include cooperation in the pursuit of the action or arbitration by CM/GC against the Architect or other design professional. 4. ADDITIONAL SERVICES. In the event City desires the performance of additional services not otherwise included within the services described in Exhibit "A", such services shall be authorized by written task order approved in advance of the performance thereof by City's City Council by motion duly made and carried. Such task order shall include a description of the services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable therefor, the time of performance thereof, and such other matters as the parties deem appropriate for the accomplishment of such services. Except to the extent modified by a task order, all other terms and conditions of this Agreement shall be deemed incorporated in each such task order. A task order shall not be required for change orders issued in accordance with the general conditions, but shall only be required for changes in the overall responsibilities of, or services to be rendered by, CM/GC. 5. PERFORMANCE BOND. CM/GC shall provide, prior to the commencement of the construction phase of the Project, as described in Exhibit "A", hereto, a good and sufficient corporate surety bond in the penal sum of one hundred percent (100%) of the amount of the Construction Costs which amount shall be determined 6