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including construction administration services. Seller shall enter into AlA Standard Construction Documents for the Development Work, and the City shall be made a third party beneficiary therof, with all the rights, benefits, and responsibilities of an Owner (as defined in such documents). 4.4 General Description of the Courthouse. The Courthouse that will be thus designed, planned, and constructed shall have the following general characteristics: there shall be a minimum of 107,166 gross square feet of space for the Circuit Court and related court facilities, a minimum of39,837 gross square feet for the General District Court and related facilities, and a minimum of 40,432 gross square feet of space for the Juvenile and Domestic Relations Court and related court facilities. The Circuit Court shall occupy the center section of the existing building, which shall be expanded so that it is three stories in height and of significantly greater depth. Both the eastern and western facades will have architectural features that are of appropriate dignity and quality for a Virginia courthouse. The overall appearance and design of the courthouse shall be generally consistent with Exhibit B. The Total Courthouse Cost shall include only the systems and equipment that are Seller's responsibility, as per Section 4.1.3. 4.5 Construction and Completion. The Courthouse will be completed, with a certificate of occupancy, with all systems and equipment that are the responsibility of Seller installed and operational, ready for delivery and installation of all furniture, equipment, and the like that are the responsibility of the City, not later than twenty-four months from final approval of the Construction Documents, unless the time is extended under this Article or because of change orders or force majeure (the "Construction Deadline"). 4.6. Possible Cost Adjustment. If the Presiding Judge in the Court Case should order a change in design over the objection of Seller, and if Seller believes said change will increase the Total Courthouse Cost, then it shall be treated as a change order, and Seller notify the City of the actual increase in cost, with documentation for same. The parties shall follow procedures that are commonly accepted in the building industry for validating the cost of change orders and the effect on the completion deadline. 4.7 Incentives and Penalties Related to Completion. If Seller completes the Work prior to the Construction Deadline, then the amount payable by the City to Seller pursuant to the Final Payment shall be increased by $1,000 for each day less, commencing on the date of completion and ending on the date which coincides with the Construction Deadline, up to a maximum of$50,000. If Seller fails to complete the Work within the Construction Deadline, then said amount shall be decreased by $1,000 for each day more, commencing with the Construction Deadline and continuing until the actual date of completion, as liquidated damages and not as a penalty. 4.8 Casualty Insurance Policy. Seller shall maintain in effect on the Property, commencing on the date the Final Development Fee is disclosed to the City and continuing until the Closing Date, a Casualty Insurance Policy insuring the Property against loss. The policy shall be in an amount at least sufficient to cover the replacement cost of all improvements on the Property or the amounts paid by the City to Seller, plus interest at 5%, whichever is higher. The City shall be -11- Draft #4. 1