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acquisition price for the Improvements (the "Acquisition Price"), which shall le equal to the <br /> aggregate amount of actual costs incurred by the Developer to design and construct the <br /> 3 <br /> Improvements (the "Actual Costs"), as initially identified and estimated in the project budget <br /> attached as Exhibit "A" hereto (subject to revision as hereinafter provided, the "Project Budget") and s <br /> consisting of: <br /> r� <br /> (i) the actual cost of constructing the Improvements, including labor, <br /> materials and equipment costs and the costs of insurance policies and surety bonds <br /> i <br /> required hereunder, all as included in the contractp rice under the Construction Contract <br /> (the "Contract Price"); <br /> 3 <br /> (ii) the actual costs of any and all necessary professional and technical <br /> services rendered which are related to the design and construction of the Lmprovements, <br /> including, but not limited to, accounting, legal, architectural, engineering, inspection, <br /> materials testing, consulting services and similar professional services directly related to <br /> the supervision and enforcement of construction contracts and the performance thereof, <br /> (iii) the amount of the fees actually paid to governmental entities or utilities in <br /> order to obtain permits, licenses or other necessary governmental approvals for the <br /> Improvements; <br /> (iv) the actual cost for necessary professional services. related to the <br /> construction of the Improvements, including engineering, inspection, construction <br /> staking,materials testing and similar professional services; I <br /> (v) actual construction management and supervision fees; <br /> (vi) any administration and oversight charges paid to the County for the <br /> implementation of this Agreement; and <br /> (vii) other actual costs directly related to the construction of the hmprovements, <br /> as are reasonably related to such construction. <br /> j <br /> The initial estimates set forth in the Project Budget include a project contingency equal to 15% <br /> of the Contract Price (the "Project Contingency"). As used herein from time to gime, the term <br /> "Estimated Acquisition Price" shall include, at the time in question, the sum of the estimated <br /> Actual Costs and Project Contingency reflected in the then-current Project Budget; it being <br /> understood, however, that the Project Contingency shall be included in the actual Acquisition <br /> Price only to the extent actually expended on Actual Costs in accordance with th-is Agreement. <br /> Actual Costs comprising the Acquisition Price shall be subject to verification by DEM to its <br /> reasonable satisfaction and, except for amounts paid to the County or other governmental entities or <br /> utilities under subparagraphs (iii) and (vi) above, shall be limited to amounts paid under the <br /> Construction Contract and other contracts with third parties not affiliated with or entities controlled <br /> by the Developer, which other contracts or invoices describing the work performed under such <br /> contracts in sufficient detail shall be in writing. <br /> 5 <br />