Execution of Construction Amendment. If Public Agency does wish to proceed with the Construction Phase on substantially the terms set forth in Design/Builder’s Project Proposal, the Parties shall finalize and execute a Construction Amendment reflecting substantially the terms set forth in Design/Builder’s Project Proposal and any negotiated revisions thereto. In such event, the Design Fee and any additional costs incurred by Design/Builder in the performance of the Design Work shall be rolled into and included in the Project Fee, and such total amount shall be payable in accordance with the provisions of Section 2.4.
Execution of Construction Amendment. If District does wish to proceed with the Construction Phase on substantially the terms set forth in ESCO’s Project Proposal, the Parties shall finalize and execute a Construction Amendment reflecting substantially the terms set forth in ESCO’s Project Proposal and any negotiated revisions thereto. In such event, the Design Fee and any additional costs incurred by ESCO in the performance of the Design Work shall be rolled into and included in the Contract Sum, and such total amount shall be payable in accordance with the provisions of Section 2.5.
