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<br />I <br /> <br />I <br /> <br />I <br /> <br />5. Payments to the Contractor. The City shall be solely responsible for paying <br />all amounts required to be paid to the Contractor for the construction of the City Project. GBRA <br />shall be solely responsible for paying all amounts that are due and owing the Contractor for the <br />construction of the GBRA Project, as determined by the Engineer. The City and GBRA agree <br />that the Construction Contract will require the Contractor to submit requests for payment to the <br />Engmeer for review and approval, and the Engineer will forward approved requests for payment <br />to the City and GBRA. When GBRA receives a request for payment approved by the Engineer <br />for work performed on the GBRA Project, GBRA will pay to the City the full amount of the <br />approved request for payment within ten (10) days, and the City will pay that amount to the <br />Contractor upon receipt of the payment from GBRA. The City and GBRA agree that the <br />Construction Contract will provide for retainages from all requests for payment except for the <br />final request for payment. <br /> <br />6. Changes to Projects. An authorized representative of the City shall have the <br />sole authority to approve any changes to the City Project. An authorized representative of the <br />GBRA shall have the sole authority to approve any changes to the GBRA Project. The <br />Construction Contract will provide for the Engineer to give notice to the City and GBRA of any <br />changes to the GBRA Project. For each change to the GBRA Project that requires a Change <br />Order under the Construction Contract, GBRA will execute the Change Order after it is approved <br />by the Engmeer, and the City will execute the Change Order only after it is approved by the <br />Engineer and GBRA. If GBRA approves a change to the GBRA Project that increases the cost <br />of that project, GBRA will provide to the City a written verification by GBRA's General <br />Manager of the availability of funds in the full amount of the Change Order, and the CIty will <br />execute the Change Order only after receipt of this verification. <br /> <br />7. Bindine Effect. The terms and provisions of this Agreement shall be binding <br />upon and inure to the benefit of the parties hereto and their respective heirs, executors, legal <br />representatives and assigns. <br /> <br />8. Authority to Sil!n and Bind. Each of the individuals who is signing this <br />Agreement on behalf of a party hereby represents and warrants that said individual has the <br />authority to enter into this Agreement on behalf of said party, and the authority to bind said party <br />to the terms and provisions of this Agreement. <br /> <br />9. Amendment. This Agreement shall not be amended or modified except by a <br />written instrument duly executed and approved by the parties hereto. <br /> <br />10. Multiple Counterparts. This Agreement can be executed in two (2) or more <br />counterparts, each of which shall be deemed an original, all of which together shall constitute <br />one and the same instrument. <br /> <br />11. Controllinl! Law. This Agreement shall be controlled by and construed in <br />accordance with the laws of the State of Texas, and exclusive venue for any dispute arising under <br />this Agreement shall be in Hays County, Texas. <br /> <br />AGREEMENT <br /> <br />PAGE 3 <br />