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after the City and/or Agency record a Notice of Completion for the Public Parking <br />Facility. Provided that Developer, Contractors and Consultants are making <br />satisfactory progress with the Services, City and Agency may, in their sole <br />discretion, agree to reduce retention withheld for individual subcontractors at an <br />earlier time, provided, however that City and Agency shall withhold an amount <br />equal to at least five percent (5%) of the Cost of the Work completed and in <br />place. As a condition to any reduction in retention, Developer shall provide City <br />and Agency with written consent to the release of any retained funds by the <br />surety or sureties of the Contractor and subcontractor to be paid. When the City, <br />Agency and Developer have agreed that the Services are substantially complete, <br />the City and Agency may, at their sole discretion, release the remaining retained <br />funds excess of an amount equal to One Hundred and Fifty percent (150%) of <br />value of any remaining complete or disputed work as shown on the list attached <br />to the Notice of Substantial Completion. Those funds will be released no less <br />than thirty five (35) days after the City and Agency have accepted the Public <br />Parking Facility and have recorded a Notice of Completion for the Public Parking <br />Facility. <br />I. Withholding Payment. <br />City and Agency may withhold, or on account of subsequently discovered <br />evidence nullify, the whole or a part of any payment to such extent as may be <br />necessary to protect City and Agency from loss, including costs and attorneys' <br />fees, on account of (1) defective or deficient work product not remedied; (2) <br />claims filed or reasonable evidence indicating probable filing of a claim or claims; <br />(3) failure of Developer to make payments properly to its employees, Contractors <br />or Consultants; or (4) failure to adhere to the Project Schedule or to achieve <br />sufficient progress with the Services such that Developer is unlikely to achieve <br />timely completion. <br />4. ADDITIONAL SERVICES. In the event City or Agency desires the performance <br />of additional services not otherwise included within the services described in Exhibit "A," <br />such services shall be authorized by City and Agency by Change Order or task order <br />approved in advance of the performance thereof. Such amendment or task order shall <br />Atty/Agr/Agr.147 <br />101403 Final <br />L. Beck <br />13 <br />