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<br />~~ The amounts shown for each item (a) - (e) are the maximum amounts City and Agency `' <br />shall pay Developer for each of those items. Developer shall not be paid more than the <br />amount shown in each line for the items described. The City and Agency must approve <br />amounts to be paid under items (c) -Testing and Inspection -and (d) - A/E support <br />during construction. The parking equipment included in the original Agreement has <br />been deleted and will be the subject of a separate agreement between the parties, if <br />any. <br />Developer may invoice City and Agency for, and receive payment of, the amount of One <br />Hundred and Fifty Thousand Dollars ($150,000) for Wentz' General Conditions in the <br />payment application for work performed during the month of November, 2004. This <br />payment will be made from the funds designated for General Conditions and <br />Contingency. When the podium deck of the Project is completed in accordance with the <br />Contract Documents, Developer may invoice City and Agency for an additional Eighty <br />Thousand Dollars ($80,000) of General Conditions and Contingency funds, and the City <br />and Agency shall pay that amount provided that General Conditions and Contingency <br />funds remain available. When the City and Agency have disbursed the amount of <br />$230,000, or such lesser amount as is available in the General Conditions and <br />Contingency funds, City and Agency shall have no further responsibility for paying any <br />amounts for delay in connection with the Project, such as extended general conditions, <br />extended overhead, or other such costs. <br />In calculating the Not-to-Exceed Parking Facility Cost, the parties assume that 1) <br />Developer has not finalized pricing with Wentz for all elements of the Project or the <br />Public Parking Facility, 2) Developer, Consultants and Contractors will, from time to <br />time, encounter delays and difficult site conditions arising from limited access to work <br />areas, other interference or conditions at the Project Site and 3) there may be additional <br />changes in the design, construction or schedule of the Public Parking Facility. The Not- <br />to-Exceed Parking Facility Cost includes compensation for any and all costs, expenses <br />or liabilities arising from or related to such events or circumstances. As between the <br />3 <br />770727v16 33786/0001 <br />