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costs; (4)costs of construction insurance(including, without limitation,casualty, liability, theft <br /> and workers' compensation insurance); (5)premiums for any bonds required to be provided by <br /> the general contractor, (6)a construction management fee payable to CLC in an amount equal to <br /> five percent(5%)of the construction costs charged by the general contractor or by contractors <br /> reporting to CLC and not to the general contractor; and(7)the costs and expenses incurred by <br /> County in preparing the Detention Basin Specifications and the Detention Basin Improvements <br /> Final Plans but excluding any salaries, benefits or overhead incurred by or attributable to County <br /> employees. The preceding sentence to the contrary notwithstanding, Detention Basin <br /> Construction Costs may include the cost of excavating and loading of soils and other excavated <br /> materials,but shall not include costs of transporting and/or placing of soils and other excavated <br /> materials from the Property to the CLC Parcel. <br /> CLC shall not, without the prior written consent of the parties, <br /> (a) agree to any change orders in connection with the construction of the Detention Basin <br /> Improvements that exceed in the aggregate more than ten percent(10%) of the original amount <br /> of the construction price payable under the construction contract with the general contractor,or <br /> (b) if CLC is the general contractor, agree to any change orders that increase the construction <br /> price payable under the construction contract in an amount that exceeds in the aggregate more <br /> than ten percent(10%)of the original amount of the construction price payable under the <br /> construction contract. <br /> (B) Parties' Proportionate Shares of the Detention Basin <br /> Construction Costs; Payments. Within ten (10)days following the date the Final Subdivision <br /> Map is recorded in the Official Records of Alameda County,each party shall deposit its <br /> Proportionate Share of the Detention Basin Construction Costs with Chicago Title Company <br /> pursuant to the provisions of the Disbursement Agreement attached to this Agreement as <br /> Exhibit D (the"Disbursement Agreement"). <br /> During the course of construction of the Detention Basin <br /> Improvements, in the event of any approved change orders and/or construction price increases <br /> pursuant to Section 1.4(b)(111)(A)that result in increases in the Detention Basin Construction <br /> Costs, each party shall deposit with Chicago Title Company pursuant to the Disbursement <br /> Agreement its Proportionate Share of the increases no later than ten(10) days following receipt <br /> of CLC's notice of the change order and/or construction price increases. <br /> The preceding provisions of this Section 1.4(b)(1l0(B)to the <br /> contrary notwithstanding: <br /> (1) County shall deduct from its Proportionate Share of <br /> the initial Detention Basin Construction Costs the costs and expenses incurred by County in <br /> preparing the Detention Basin Specifications and the Detention Basin Improvement Plans and <br /> Specifications but shall not deduct any salaries, benefits or overhead incurred by or attributable <br /> to County employees. <br /> (2) C LC shall be responsible for and pay Hendrick's <br /> Proportionate Share of the Detention Basin Construction Costs(including any payment required <br /> by Section 1.4(b)(iv)). <br /> 000299.0044\1087426.6 5 <br />