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Agreement (including Exhibits hereto) and the Proposal will be read as a whole with all parts being harmonized so as to avoid conflict. In the event of a conflict between this Agreement (including Exhibits) and the Proposal, this Agreement shall control. 2. COST OF SERVICES AND PAYMENT In consideration of the provision of the Services by Developer, the City shall pay to Developer the total contract amount of $2,915,600 (the "Contract Amount"). Exhibit A sets forth the schedule of values for the Contract Amount (the "Schedule of Values"). There shall be no increase in the Contract Amount without the express prior written authorization of the City. Developer shall submit monthly invoices for payment to the City. The first invoice shall be submitted no sooner than the first day of the month following the month of the Effective Date of this Agreement. The final invoice shall be submitted after Developer has completed all Services, including delivery of all deliverables referenced in Exhibit A, required under this Agreement. Each invoice shall be for the value of the Services performed during the period for which payment is requested based on the Schedule of Values. The City shall have ten (10) calendar days following receipt of an invoice to review each invoice; no later than the tenth (101") day following receipt of an invoice, the City shall notify Developer whether it approves or rejects the invoice, in whole or in part, providing explanation for any portions rejected. The City shall then pay the approved part of the invoice within thirty (30) days following its approval of the invoice. If all or any part of the invoice is rejected, Developer shall respond with an explanation or modification of the rejected portion of the invoice and resubmit the part of the invoice which City rejected, upon which the City's review and payment cycle will start again. 3. PROJECT SCHEDULE Based on criteria established by the City, the Developer has established a detailed baseline schedule for the design phases of the Project, which is attached hereto as Exhibit B (the "Schedule"). The Developer shall furnish schedule information to the City and create and maintain an electronic schedule during the performance of this Agreement. The Developer shall provide regular progress updates to the City and shall report on progress and compliance with the Schedule during each Project meeting, and when reasonably requested, including status of all design, permitting, and regulatory activities. Time is of the essence in completing the Services set forth in this Agreement. Developer shall exercise its best efforts to perform the Services consistent with the Schedule. Developer's obligation to comply with the Schedule shall be subject to the timely cooperation of the City with respect to providing all authorizations, approvals, and access to the Site necessary to perform the Services. 4. DESIGN APPROVAL The City shall retain the right to approve the design of the Project. To this end, Developer shall cause its design professionals to prepare and submit to the City all deliverables included in the Services for the City's review. The deliverables shall incorporate the site design 3