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that are inconsistent with the previously approved Design Development Documents, Seller shall have the right to treat this request as a change order. 4.1.4. Standard of Care. The Seller's Architect shall perform its services, including without limitation the preparation of the Design Documents, in accordance with the standard of professional care normally exercised by similar professionals providing services for similar projects in Virginia. The Seller's Architect shall prepare the design and construction documents in compliance with applicable regulations and with the Courthouse Guidelines. 4.1.5 Final Development Fee and Final Management Fee. In the process of determining the Final Development Fee and the Final Management Fee, Seller will use best efforts to have those fees be as low as the market permits, but without jeopardizing the quality standards and schedule that must be adhered to. Within three business days of approval of the Construction Documents, Seller shall inform the City of the Final Development Fee, which shall not exceed $60,226,683 (subject to possible change orders); and also the Final Management Fee, which shall not exceed $4,721,609; provided, that the Final Development Fee does not exceed $60,226,683. If either fee is for an amount other than set forth in this section, the parties shall meet and confer to determine how the schedule of payments shall be adjusted. 4.1.6 Tenant Relocation; Commence Construction. Seller shall relocate any tenants of the Property and commence construction of the Improvements within one hundred eighty days of the Initial Payment from the City to seller pursuant to Section 3.3.1. Seller shall diligently prosecute construction of the Improvements in strict compliance with the Construction Documents and all other terms and conditions set forth in this Agreement. 4.2 Certain Construction Documents Part of Contract. Once the Design and Construction Documents have been approved by the City, then they shall be deemed incorporated in this Agreement, mutatis mutandi, and subject to enforcement pursuant to all rights, duties, and remedies as may be set forth herein. The Construction Documents may not be materially changed or altered by Seller without written approval from the City Manager or his authorized designee. 4.3 Architects for Seller and City; City's Proiect Manager. The Architect employed by Seller shall be HBA Architecture and Interior Design. The Architect employed by the City shall be Moseley Architects, at the City's sole cost and expense. HBA and Moseley shall both participate in all meetings and discussions with the Court Officials concerning the Design Plans and the Construction Plans. Moseley shall consult with HBA and make recommendations concerning any unresolved issues in said plans, which recommendations shall not be unreasonably declined. The City may, in its discretion and at its sole expense, hire a Project Manager to monitor the status of the project. Seller and Seller's architect shall provide reasonable cooperation with the Project Manager. The Seller and the Seller's architect will utilize standard AIA agreement forms for professional design services, with services necessary to carry out the work identified herein -10- Draft #4.1