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<br />City, Agency and Developer, Developer shall pay~any and all Parking Facility Costs that <br />exceed the Not-to-Exceed Parking Facility Cost. <br />Notwithstanding anything to the contrary contained in this Section 3 or. any other <br />provision of the Agreement or this Amendment, City and Agency shall remain <br />responsible for payment of any amounts in connection with the Public Parking Facility <br />that arise as a result of the causes described in items a), b) and c) in section 3.E.1 of <br />the Agreement, as amended hereby. <br />2. Section 3.B of the Agreement -The Cost of the Work - is replaced with the <br />following language: <br />1. The Cost of the Work is the cost of all labor, materials, equipment, <br />overhead, taxes, utilities, insurance, royalty and license fees, deposits and all other <br />"hard" costs of constructing the Public Parking Facility (as described in the plans and <br />specifications set forth in Exhibit B to this Amendment, subject to the exceptions and <br />clarifications set forth in Exhibit C to this Amendment) paid by Developer to or on behalf <br />of Wentz Group, the general contractor, and its subcontractors. <br />2. City and Agency and their accountants may audit the Cost of the Work <br />when the Public Parking Facility is complete or this Agreement is terminated for any <br />reason. Developer shall require its Contractors and Consultants to make their cost <br />records available and otherwise cooperate in this audit as provided in Section 10 of the <br />Agreement. All amounts paid by City and Agency under this Agreement shall be <br />subject to adjustment as a result of any audit, and the parties shall make any payment <br />required as a result of the audit within twenty (20) days of the date the City and Agency <br />give Developer written notice of the audit results. <br />3. Section 3.C of the Agreement -The Construction Contingency - is replaced with <br />the following language: <br />4 <br />770727v16 33786/0001 <br />