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2 <br />3 <br />4 <br />s <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />1,5 <br />16 <br />17 <br />t8 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />AMENDMENT NO. 4 TO <br />COOPERATIVE AGREEMENT NO. C -6 -0069 <br />notify CITY of any amounts not approved for payment and specify the reason for disapproval. CITY <br />may include such disapproved amounts in the next month's request for payment after correction of the <br />deficiencies noted by AUTHORITY (all such disapproved amounts shall be deemed in dispute unless <br />otherwise agreed). <br />2. On a quarterly basis, CITY shall reconcile actual expenses versus payments <br />from AUTHORITY for the PROJECT. If actual expenses are less than payments from AUTHORITY, <br />AUTHORITY shall withhold such excess payment amounts from CITY's next monthly payment request. <br />If actual expenses exceed payments from AUTHORITY, CITY shall submit a written request for <br />payment to AUTHORITY for such additional actual expenses. In no event shall payments from <br />AUTHORITY exceed amounts specified in Exhibit D, entitled "Quarterly Maximum Obligation for Bristol <br />Street Widening, Amendment No. 4 ", nor the maximum obligation amount specified in ARTICLE 5 of <br />the Agreement, paragraph C." <br />4. Amend ARTICLE 8. PAYMENT, page 9 of 26, paragraph D. Payment By AUTHORITY, <br />lines 8 through 16 to delete in its entirety and, in lieu thereof, insert the following: <br />"D. Payment by AUTHORITY — Within ten (10) business days after receipt by AUTHORITY of <br />a complete and acceptable invoice, AUTHORITY shall pay CITY the amount of the invoice approved <br />for payment, less any amounts, which AUTHORITY is otherwise entitled to withhold or deduct. In no <br />event shall AUTHORITY have any obligation to pay CITY any amount, which (a) would result in <br />payment for any activity in excess of the quarterly maximum obligation as indicated in Exhibit D of <br />this Agreement or (b) for work not performed solely for the purposes of PHASE I, PHASE II, PHASE <br />III and PHASE IV of the PROJECT. Funds that are obligated for a quarterly period, but not released <br />to CITY during such period, will be made available to CITY in subsequent periods but only in <br />accordance with the terms of this Agreement." <br />3. Amend "Exhibit D, Semi - Annual Maximum Obligation for Bristol Street Widening, <br />Amendment No. 3" to delete in its entirety and replace with the attached "Exhibit D, Quarterly Maximum <br />Obligation for Bristol Street Widening, Amendment No. 4 ". <br />Page 3 of 4 <br />