Common use of Limit of Appropriation Clause in Contracts

Limit of Appropriation. 3.04.1 The City’s duty to pay money to Contractor under this Agreement is limited in its entirety by the provisions of this Section. 3.04.2 In order to comply with Article II, Sections 19 and 19a of the City’s Charter and Article XI, Section 5 of the Texas Constitution, the City has appropriated and allocated the sum of $____________ to pay money due under this Agreement during the City’s current fiscal year (the “Original Allocation”). The executive and legislative officers of the City, in their discretion, may allocate supplemental funds (each a “Supplemental Allocation” and collectively, the “Supplemental Allocations”) for this Agreement, but they are not obligated to do so. Therefore, the Parties have agreed to the following procedures and remedies: 3.04.2.1 The City has not allocated supplemental funds or made a Supplemental Allocation for this Agreement unless the City has issued to Contractor a Service Release Order, or similar form approved by the City Controller, containing the language set out below. When necessary, the Supplemental Allocation shall be approved by motion or ordinance of City Council. NOTICE OF SUPPLEMENTAL ALLOCATION OF FUNDS By the signature below, the City Controller certifies that, upon the request of the Director, the supplemental sum set out below has been allocated for the purposes of the Agreement out of funds appropriated for this purpose by the City Council of the City of Houston. This Supplemental Allocation has been charged to such appropriation. $ _____________ 3.04.2.2 The Original Allocation plus all Supplemental Allocations are the “Allocated Funds.” The City shall never be obligated to pay any money under this Agreement in excess of the Allocated Funds. Contractor must assure itself that sufficient allocations have been made to pay for services it provides. If Allocated Funds are exhausted, Contractor’s only remedy is suspension or termination of its performance under this Agreement, and it has no other remedy in law or in equity against the City and no right to damages of any kind.

Limit of Appropriation. 3.04.1 4.04.1 The City’s duty to pay money to Contractor under this Agreement is limited in its entirety by the provisions of this Section. 3.04.2 4.04.2 In order to comply with Article II, Sections 19 and 19a of the City’s Charter and Article XI, Section 5 of the Texas Constitution, the City has appropriated and allocated the sum of $____________ to pay money due under this Agreement during the City’s current fiscal year (the “Original Allocation”). The executive and legislative officers of the City, in their discretion, may allocate supplemental funds (each a “Supplemental Allocation” and collectively, the “Supplemental Allocations”) for this Agreement, but they are not obligated to do so. Therefore, the Parties have agreed to the following procedures and remedies: 3.04.2.1 4.04.2.1 The City has not allocated supplemental funds or made a Supplemental Allocation for this Agreement unless the City has issued to Contractor a Service Release Order, or similar form approved by the City Controller, containing the language set out below. When necessary, the Supplemental Allocation shall be approved by motion or ordinance of City Council. NOTICE OF SUPPLEMENTAL ALLOCATION OF FUNDS By the signature below, the City Controller certifies that, upon the request of the Director, the supplemental sum set out below has been allocated for the purposes of the Agreement out of funds appropriated for this purpose by the City Council of the City of Houston. This Supplemental Allocation has been charged to such appropriation. $ _____________ 3.04.2.2 4.04.2.2 The Original Allocation plus all Supplemental Allocations are the “Allocated Funds.” The City shall never be obligated to pay any money under this Agreement in excess of the Allocated Funds. Contractor must assure itself that sufficient allocations have been made to pay for services it provides. If Allocated Funds are exhausted, Contractor’s only remedy is suspension or termination of its performance under this Agreement, and it has no other remedy in law or in equity against the City and no right to damages of any kind.

Limit of Appropriation. 3.04.1 4.04.1 The City’s duty to pay money to Contractor under this Agreement is limited in its entirety by the provisions of this Section. 3.04.2 4.04.2 In order to comply with Article II, Sections 19 and 19a of the City’s Charter and Article XI, Section 5 of the Texas Constitution, the City has appropriated and allocated the sum of $____________ to pay money due under this Agreement during the City’s current fiscal year (the “Original Allocation”). The executive and legislative officers of the City, in their discretion, may allocate supplemental funds (each a “Supplemental Allocation” and collectively, the “Supplemental Allocations”) for this Agreement, but they are not obligated to do so. Therefore, the Parties have agreed to the following procedures and remedies: 3.04.2.1 4.04.2.1 The City has not allocated supplemental funds or made a Supplemental Allocation for this Agreement unless the City has issued to Contractor a Service Release Order, or similar form approved by the City Controller, containing the language set out below. When necessary, the Supplemental Allocation shall be approved by motion or ordinance of City Council. NOTICE OF SUPPLEMENTAL ALLOCATION OF FUNDS By the signature below, the City Controller certifies that, upon the request of the Director, the supplemental sum set out below has been allocated for the purposes of the Agreement out of funds appropriated for this purpose by the City Council of the City of Houston. This Supplemental Allocation has been charged to such appropriation. $ _____________$ 3.04.2.2 4.04.2.2 The Original Allocation plus all Supplemental Allocations are the “Allocated Funds.” The City shall never be obligated to pay any money under this Agreement in excess of the Allocated Funds. Contractor must assure itself that sufficient allocations have been made to pay for services it provides. If Allocated Funds are exhausted, Contractor’s only remedy is suspension or termination of its performance under this Agreement, and it has no other remedy in law or in equity against the City and no right to damages of any kind.

Limit of Appropriation. 3.04.1 8.7.1 The City’s duty to pay money to Contractor the XXXX for any purpose under this Agreement is limited in its entirety by the provisions of this Section. 3.04.2 8.7.2 In order to comply with Article II, Sections 19 and 19a of the City’s Charter and Article XI, Section 5 of the Texas Constitution, the City has appropriated and allocated the sum of 8.7.3 The aggregate of $____________ all sums duly authorized by the City to be allocated to pay money due under this Agreement during the City’s current fiscal year (the “Original Allocation”). The executive and legislative officers of the City, in their discretion, may allocate supplemental funds (each a “Supplemental Allocation” and collectively, the “Supplemental Allocations”) for this Agreement, but they are not obligated to do so. Therefore, including the Parties have agreed to the following procedures Original Appropriation and remedies: 3.04.2.1 The City has not allocated supplemental funds or made a Supplemental Allocation for this Agreement unless the City has issued to Contractor a Service Release Order, or similar form approved by the City Controller, containing the language set out below. When necessary, the Supplemental Allocation shall be approved by motion or ordinance of City Council. NOTICE OF SUPPLEMENTAL ALLOCATION OF FUNDS By the signature below, the City Controller certifies that, upon the request of the Director, the supplemental sum set out below has been allocated for the purposes of the Agreement out of funds appropriated for this purpose by the City Council of the City of Houston. This Supplemental Allocation has been charged to such appropriation. $ _____________ 3.04.2.2 The Original Allocation plus all Supplemental Allocations are Appropriations, constitute the “Allocated Appropriated Funds.” . The City shall never be obligated to pay any money under this Agreement in excess of the Allocated Appropriated Funds. Contractor The XXXX must assure itself that sufficient allocations Appropriated Funds have been made to pay for services it provides. If Allocated Appropriated Funds are exhausted, Contractor’s the XXXX’x only remedy is suspension or termination of its performance under this Agreement, Agreement and it the XXXX has no other remedy in law or in equity against the City and no right to damages of any kind. 8.7.4 The XXXX shall closely monitor expenditures under this Agreement and shall notify the Program Manager when amounts payable by the City hereunder for authorized Work are equal to 80% of the Appropriated Funds, even if such amounts payable have not yet been billed to the City. At such point, if additional amounts payable by the City hereunder for the XXXX’x continued performance of the authorized Work would exceed the amount of remaining Appropriated Funds, the XXXX has the right to suspend performance of the authorized Work by seven days’ advance written notice to the Program Manager describing the cause and the XXXX’x planned suspension. Once Appropriated Funds have been increased, the XXXX shall resume performance of the authorized Work and may be entitled to equitable adjustment in accordance with the applicable provisions of the Contract Documents. If after more than 180 days Appropriated Funds have not been increased, the XXXX shall have the right to terminate its performance in accordance with the applicable provisions of the Contract Documents. However, termination shall not relieve XXXX of its continuing obligations to the City already incurred. The City shall not under any circumstances be obligated to seek a Supplemental Appropriation.

Limit of Appropriation. 3.04.1 8.7.1 The City’s duty to pay money to Contractor the DESIGN BUILD CONTRACTOR for any purpose under this Agreement is limited in its entirety by the provisions of this Section. 3.04.2 8.7.2 In order to comply with Article II, Sections 19 and 19a of the City’s Charter and Article XI, Section 5 of the Texas Constitution, the City has appropriated and allocated the sum of $____________ [ ] as Appropriated Funds to pay money due under this Agreement during the City’s current fiscal year for Work, as may be required (the “Original AllocationAppropriation”). The executive and legislative officers of the City, in their sole discretion, may allocate supplemental appropriate additional funds for this Agreement (each a “Supplemental Allocation” and collectively, the “Supplemental AllocationsAppropriation”) for this Agreement), but they are not obligated to do so. Therefore, the Parties have agreed to the following procedures and remedies:. 3.04.2.1 8.7.3 The City has not allocated supplemental funds or made a Supplemental Allocation for this Agreement unless the City has issued to Contractor a Service Release Order, or similar form approved aggregate of all sums duly authorized by the City Controllerto be allocated to pay money due under this Agreement, containing including the language set out below. When necessary, the Supplemental Allocation shall be approved by motion or ordinance of City Council. NOTICE OF SUPPLEMENTAL ALLOCATION OF FUNDS By the signature below, the City Controller certifies that, upon the request of the Director, the supplemental sum set out below has been allocated for the purposes of the Agreement out of funds appropriated for this purpose by the City Council of the City of Houston. This Supplemental Allocation has been charged to such appropriation. $ _____________ 3.04.2.2 The Original Allocation plus Appropriation and all Supplemental Allocations are Appropriations, constitute the “Allocated Appropriated Funds.” . The City shall never be obligated to pay any money under this Agreement in excess of the Allocated Appropriated Funds. Contractor The DESIGN BUILD CONTRACTOR must assure itself that sufficient allocations Appropriated Funds have been made to pay for services it provides. If Allocated Appropriated Funds are exhausted, Contractorthe DESIGN BUILD CONTRACTOR’s only remedy is suspension or termination of its performance under this Agreement, Agreement and it the DESIGN BUILD CONTRACTOR has no other remedy in law or in equity against the City and no right to damages of any kind. 8.7.4 The DESIGN BUILD CONTRACTOR shall closely monitor expenditures under this Agreement and shall notify the Director when amounts payable by the City hereunder for authorized Work are equal to 80% of the Appropriated Funds, even if such amounts payable have not yet been billed to the City. At such point, if additional amounts payable by the City hereunder for the DESIGN BUILD CONTRACTOR’s continued performance of the authorized Work would exceed the amount of remaining Appropriated Funds, the DESIGN BUILD CONTRACTOR has the right to suspend performance of the authorized Work by seven days’ advance written notice to the Director describing the cause and the DESIGN BUILD CONTRACTOR’s planned suspension. Once Appropriated Funds have been increased, the DESIGN BUILD CONTRACTOR shall resume performance of the authorized Work and may be entitled to equitable adjustment in accordance with the applicable provisions of the Contract Documents. If after more than 180 days Appropriated Funds have not been increased, the DESIGN BUILD CONTRACTOR shall have the right to terminate its performance in accordance with the applicable provisions of the Contract Documents. However, termination shall not relieve DESIGN BUILD CONTRACTOR of its continuing obligations to the City already incurred. The City shall not under any circumstances be obligated to seek a Supplemental Appropriation.

Limit of Appropriation. ‌ 3.04.1 The City’s duty to pay money to Contractor under this Agreement is limited in its entirety by the provisions of this Section. DocuSign Envelope ID: 4C11A77B-6D08-4926-B073-BFAC814F211C 3.04.2 Contractor understands that the City’s obligation for payment under this Agreement, if any, is limited to CDBG-DR17 funds received by the City from the Texas General Land Office (“GLO”) in accordance with the applicable GLO Xxxxxx Contract for the performance of services under this Agreement. HCDD shall perform the day-to-day administration and oversight of the CDBG-DR17 funds. Unless adequate CDBG-DR17 funds are received, the City shall have no obligation to pay Contractor. Contractor must look to these designated funds only and to no other funds for the City’s payment under this Agreement, and that the City is permanently excused from making payments due under this Agreement if, for whatever reason, there is a lack of CDBG-DR17 funds. 3.04.2 3.04.3 In order to comply with Article II, Sections 19 and 19a of the City’s Charter and Article XI, Section 5 of the Texas Constitution, the City has appropriated and allocated the sum of One Million and no/100 dollars ($____________ 1,000,000.00) to pay money due under this Agreement during the City’s current fiscal year (the “Original Allocation”). The To the extent that City Council has approved additional funding, the executive and legislative officers of the City, in their discretion, may allocate supplemental funds (each a “Supplemental Allocation” and collectively, the “Supplemental Allocations”) for this Agreement, but they are not obligated to do so. Therefore, the Parties have agreed to the following procedures and remedies: 3.04.2.1 The City has not allocated supplemental funds or made a Supplemental Allocation for this Agreement unless the City has issued to Contractor a Service Release Order, or similar form approved by the City Controller, containing the language set out below. When necessary, the Supplemental Allocation shall be approved by motion or ordinance of City Council. NOTICE OF SUPPLEMENTAL ALLOCATION OF FUNDS By the signature below, the City Controller certifies that, upon the request of the Director, the supplemental sum set out below has been allocated for the purposes of the Agreement out of funds appropriated for this purpose by the City Council of the City of Houston. This Supplemental Allocation has been charged to such appropriation. $ _____________ 3.04.2.2 The Original Allocation plus all Supplemental Allocations are the “Allocated Funds.” The City shall never be obligated to pay any money under this Agreement in excess of the Allocated Funds. Contractor must assure itself that sufficient allocations have been made to pay for services it provides. If Allocated Funds are exhausted, Contractor’s only remedy is suspension or termination of its performance under this Agreement, and it has no other remedy in law or in equity against the City and no right to damages of any kind.

Limit of Appropriation. 3.04.1 5.8.1 The City’s 's duty to pay money to Contractor Bus Operator under this Agreement is limited in its entirety by the provisions of this Section. 3.04.2 5.8.2 In order to comply with Article II, Sections 19 and 19a of the City’s 's Charter and Article XI, Section 5 of the Texas Constitution, the City has appropriated and allocated the sum of $____________ $ to pay money due under this Agreement during the City’s current fiscal year (the “Original Allocation”). The executive and legislative officers of the City, in their discretion, may allocate supplemental funds (each a “Supplemental Allocation” and collectively, the “Supplemental Allocations”) for this Agreement, but they are not obligated to do so. Therefore, the Parties parties have agreed to the following procedures and remedies: 3.04.2.1 5.8.2.1 The City has not allocated supplemental funds or made makes a Supplemental Allocation for this Agreement unless the City has issued by issuing to Contractor Bus Operator a Service Release Order, or similar form approved by the City Controller, containing the language set out below. When necessary, the Supplemental Allocation shall be approved by motion or ordinance of City Council. NOTICE OF SUPPLEMENTAL ALLOCATION OF FUNDS By the signature below, the City Controller certifies that, upon the request of the Directorresponsible director, the supplemental sum set out below has been allocated for the purposes of the Agreement out of funds appropriated for this purpose by the City Council of the City of Houston. This Supplemental Allocation supplemental allocation has been charged to such appropriation. $ _____________. 3.04.2.2 5.8.3 The Original Allocation plus all Supplemental Allocations are the “Allocated Funds.” ”. The City shall never be obligated to pay any money under this Agreement in excess of the Allocated Funds. Contractor Bus Operator must assure itself that sufficient allocations have been made to pay for services it provides. If Allocated Funds are exhausted, ContractorBus Operator’s only remedy is suspension or termination of its performance under this Agreement, and it has no other remedy in law or in equity against the City and no right to damages of any kind.

Limit of Appropriation. 3.04.1 6.6.1 The City’s 's duty to pay money to Contractor Parking Operator under this Agreement is limited in its entirety by the provisions of this Section. 3.04.2 6.6.2 In order to comply with Article II, Sections 19 and 19a of the City’s 's Charter and Article XI, Section 5 of the Texas Constitution, the City has appropriated and allocated the sum of $____________ $ to pay money due under this Agreement during the City’s current fiscal year (the “"Original Allocation”"). The executive and legislative officers of the City, in their discretion, may allocate supplemental funds (each a “Supplemental Allocation” and collectively, the “Supplemental Allocations”) for this Agreement, but they are not obligated to do so. Therefore, the Parties parties have agreed to the following procedures and remedies: 3.04.2.1 6.6.2.1 The City has not allocated supplemental funds or made makes a Supplemental Allocation for this Agreement unless the City has issued by issuing to Contractor Parking Operator a Service Release Order, or similar form approved by the City Controller, containing the language set out below. When necessary, the Supplemental Allocation shall be approved by motion or ordinance of City Council. NOTICE OF SUPPLEMENTAL ALLOCATION OF FUNDS By the signature below, the City Controller certifies that, upon the request of the Directorresponsible director, the supplemental sum set out below has been allocated for the purposes of the Agreement out of funds appropriated for this purpose by the City Council of the City of Houston. This Supplemental Allocation supplemental allocation has been charged to such appropriation. $ _____________. 3.04.2.2 6.6.3 The Original Allocation plus all Supplemental Allocations supplemental allocations are the “Allocated Funds.” ”. The City shall never be obligated to pay any money under this Agreement in excess of the Allocated Funds. Contractor Parking Operator must assure itself that sufficient allocations have been made to pay for services it provides. If Allocated Funds are exhausted, ContractorParking Operator’s only remedy is suspension or termination of its performance under this Agreement, and it has no other remedy in law or in equity against the City and no right to damages of any kind.

Limit of Appropriation. 3.04.1 The City’s duty to pay money to Contractor under this Agreement is limited in its entirety by the provisions of this Section. 3.04.2 Contractor understands that the City’s obligation for payment under this Agreement, if any, is limited to CDBG-DR17 funds received by the City from the Texas General Land Office (“GLO”) in accordance with the applicable GLO Xxxxxx Contract for the performance of services under this Agreement. HCDD shall perform the day-to-day administration and oversight of the CDBG-DR17 funds. Unless adequate CDBG-DR17 funds are received, the City shall have no obligation to pay Contractor. Contractor must look to these designated funds only and to no other funds for the City’s payment under this Agreement, and that the City is permanently excused from making payments due under this Agreement if, for whatever reason, there is a lack of CDBG-DR17 funds. 3.04.3 In order to comply with Article II, Sections 19 and 19a of the City’s Charter and Article XI, Section 5 of the Texas Constitution, the City has appropriated and allocated the sum of ________________________dollars ($____________ __) during the current fiscal year to pay money due under this Agreement during the City’s current fiscal year (the “Original Allocation”). The executive and legislative officers of the City, in their discretion, may allocate supplemental funds (each a “Supplemental Allocation” and collectively, the “Supplemental Allocations”) for this Agreement, but they are not obligated to do so. Therefore, the Parties have agreed to the following procedures and remedies: 3.04.2.1 The City has not allocated supplemental funds or made a Supplemental Allocation for this Agreement unless the City has issued to Contractor a Service Release Order, or similar form approved by the City Controller, containing the language set out below. When necessary, the Supplemental Allocation shall be approved by motion or ordinance of City Council. NOTICE OF SUPPLEMENTAL ALLOCATION OF FUNDS By the signature below, the City Controller certifies that, upon the request of the Director, the supplemental sum set out below has been allocated for the purposes of the Agreement out of funds appropriated for this purpose by the City Council of the City of Houston. This Supplemental Allocation has been charged to such appropriation. $ _____________ 3.04.2.2 The Original Allocation plus all Supplemental Allocations are the “Allocated Funds.” The City shall never be obligated to pay any money under this Agreement in excess of the Allocated Funds. Contractor must assure itself that sufficient allocations have been made to pay for services it provides. If Allocated Funds are exhausted, Contractor’s only remedy is suspension or termination of its performance under this Agreement, and it has no other remedy in law or in equity against the City and no right to damages of any kind.

Limit of Appropriation. 3.04.1 The City’s duty to pay money to Contractor under this Agreement is limited in its entirety by the provisions of this Section. 3.04.2 In order to comply with Article II, Sections 19 and 19a of the City’s Charter and Article XI, Section 5 of the Texas Constitution, the City has appropriated and allocated the sum of $____________ to pay money due under this Agreement during the City’s current fiscal year (the “Original Allocation”). The executive and legislative officers of the City, in their discretion, may allocate supplemental funds (each a “Supplemental Allocation” and collectively, the “Supplemental Allocations”) for this Agreement, but they are not obligated to do so. Therefore, the Parties have agreed to the following procedures and remedies: 3.04.2.1 The City has not allocated supplemental funds or made a Supplemental Allocation for this Agreement unless the City has issued to Contractor a Service Release Order, or similar form approved by the City Controller, containing the language set out below. When necessary, the Supplemental Allocation shall be approved by motion or ordinance of City Council. NOTICE OF SUPPLEMENTAL ALLOCATION OF FUNDS By the signature below, the City Controller certifies that, upon the request of the Director, the supplemental sum set out below has been allocated for the purposes of the Agreement out of funds appropriated for this purpose by the City Council of the City of Houston. This Supplemental Allocation has been charged to such appropriation. $ _____________ 3.04.2.2 The Original Allocation plus all Supplemental Allocations are the “Allocated Funds.” The City shall never be obligated to pay any money under this Agreement in excess of the Allocated Funds. Contractor must assure itself that sufficient allocations have been made to pay for services it provides. If Allocated Funds are exhausted, Contractor’s only remedy is suspension or termination of its performance under this Agreement, and it has no other remedy in law or in equity against the City and no right to damages of any kind.

Limit of Appropriation. 3.04.1 4.04.1. The City’s duty to pay money to Contractor under this Agreement is limited in its entirety by the provisions of this Section. 3.04.2 4.04.2. In order to comply with Article II, Sections 19 and 19a of the City’s Charter and Article XI, Section 5 of the Texas Constitution, the City has appropriated and allocated the sum of $____________ to pay money due under this Agreement during the City’s current fiscal year (the “Original Allocation”). The executive and legislative officers of the City, in their discretion, may allocate supplemental funds (each a “Supplemental Allocation” and collectively, the “Supplemental Allocations”) for this Agreement, but they are not obligated to do so. Therefore, the Parties have agreed to the following procedures and remedies: 3.04.2.1 4.04.2.1. The City has not allocated supplemental funds or made a Supplemental Allocation for this Agreement unless the City has issued to Contractor a Service Release Order, or similar form approved by the City Controller, containing the language set out below. When necessary, the Supplemental Allocation shall be approved by motion or ordinance of City Council. NOTICE OF SUPPLEMENTAL ALLOCATION OF FUNDS By the signature below, the City Controller certifies that, upon the request of the Director, the supplemental sum set out below has been allocated for the purposes of the Agreement out of funds appropriated for this purpose by the City Council of the City of Houston. This Supplemental Allocation has been charged to such appropriation. $ _____________ 3.04.2.2 4.04.2.2. The Original Allocation plus all Supplemental Allocations are the “Allocated Funds.” The City shall never be obligated to pay any money under this Agreement in excess of the Allocated Funds. Contractor must assure itself that sufficient allocations have been made to pay for services it provides. If Allocated Funds are exhausted, Contractor’s only remedy is suspension or termination of its performance under this Agreement, and it has no other remedy in law or in equity against the City and no right to damages of any kind.

Limit of Appropriation. 3.04.1 4.2.1. The City’s 's duty to pay money to Contractor Performer under this Agreement is limited in its entirety by the provisions of this Section. 3.04.2 4.2.2. In order to comply with Article II, Sections 19 and 19a of the City’s 's Charter and Article XI, Section 5 of the Texas Constitution, the City has appropriated and allocated the sum of $____________ to pay money due under this Agreement during the City’s current fiscal year $ (the “Original Allocation”)) to pay money due under multiple contracts for the City’s current fiscal year, of which this is one. The executive and legislative officers of the City, in their discretion, may allocate supplemental funds (each a “Supplemental Allocation” and collectively, the “Supplemental Allocations”) for this Agreement, but they are not obligated to do so. Therefore, the Parties parties have agreed to the following procedures and remedies: 3.04.2.1 4.2.2.1. The City has not allocated supplemental funds or made makes a Supplemental Allocation for this Agreement unless the City has issued by issuing to Contractor Performer a Service Release Order, or similar form approved by the City Controller, containing the language set out below. .When necessary, the Supplemental Allocation shall be approved by motion or ordinance of City Council. NOTICE OF SUPPLEMENTAL ALLOCATION OF FUNDS By the signature below, the City Controller certifies that, upon the request of the Directorresponsible director, the supplemental sum set out below has been allocated for the purposes of the Agreement out of funds appropriated for this purpose by the City Council of the City of Houston. This Supplemental Allocation supplemental allocation has been charged to such appropriation. 4.2.2.2. $ _____________ 3.04.2.2 The Original Allocation plus all Supplemental Allocations are the “Allocated Funds.” ”. This Agreement is not an allocation of funds. The City shall never be obligated to pay any money under this Agreement in excess of the Allocated Funds. Contractor Performer must assure itself that sufficient allocations have been made to pay for services Services it provides. If Allocated Funds are exhausted, ContractorPerformer’s only remedy is suspension or termination of its performance under this Agreement, and it has no other remedy in law or in equity against the City and no right to damages of any kind.

Limit of Appropriation. 3.04.1 4.04.1 The City’s duty to pay money to Contractor under this Agreement is limited in its entirety by the provisions of this Section. 3.04.2 4.04.2 In order to comply with Article II, Sections 19 and 19a of the City’s Charter and Article XI, Section 5 of the Texas Constitution, the City has appropriated and allocated the sum of $____________ to pay money due under this Agreement during the City’s current fiscal year (the “Original Allocation”). The executive and legislative officers of the City, in their discretion, may allocate supplemental funds (each a “Supplemental Allocation” and collectively, the “Supplemental Allocations”) for this Agreement, but they are not obligated to do so. Therefore, the Parties have agreed to the following procedures and remedies: 3.04.2.1 4.04.2.1 The City has not allocated supplemental funds or made a Supplemental Allocation for this Agreement unless the City has issued to Contractor a Service Release Order, or similar form approved by the City Controller, containing the language set out below. When necessary, the Supplemental Allocation shall be approved by motion or ordinance of City Council. NOTICE OF SUPPLEMENTAL ALLOCATION OF FUNDS By the signature below, the City Controller certifies that, upon the request of the Director, the supplemental sum set out below has been allocated for the purposes of the Agreement out of funds appropriated for this purpose by the City Council of the City of Houston. This Supplemental Allocation has been charged to such appropriation. $ _____________$ 3.04.2.2 4.04.2.2 The Original Allocation plus all Supplemental Allocations are the “Allocated Funds.” The City shall never be obligated to pay any money under this Agreement in excess of the Allocated Funds. Contractor must assure itself that sufficient allocations have been made to pay for services it provides. If Allocated Funds are exhausted, Contractor’s only remedy is suspension or termination of its performance under this Agreement, and it has no other remedy in law or in equity against the City and no right to damages of any kind.

Limit of Appropriation. 3.04.1 4.05.1 The City’s 's duty to pay money to Contractor for any purpose under this Agreement is limited in its entirety by the provisions of this Section. 3.04.2 4.05.2 In order to comply with Article II, Sections 19 and 19a of the City’s 's Charter and Article XI, Section 5 of the Texas Constitution, the City has appropriated and allocated the sum of $____________ - -------------- (inclusive of the 10% change order contingency) to pay money due under this Agreement during the City’s current fiscal year (the “"Original Allocation”"). The executive and legislative officers of the City, in their discretion, may allocate supplemental funds (each a “Supplemental Allocation” and collectively, the “Supplemental Allocations”) for this Agreement, but they are not obligated to do so. Therefore, the Parties parties have agreed to the following procedures and remedies:. 3.04.2.1 4.05.3 The City has not allocated makes a supplemental funds or made allocation by sending a Supplemental Allocation for this Agreement unless the City has issued to Contractor a Service Release Orderservice release order, or similar form approved by the City Controller, containing the language set out below. When necessary, necessary the Supplemental Allocation supplemental allocations shall be approved by motion or ordinance of City Council. NOTICE OF SUPPLEMENTAL ALLOCATION OF FUNDS By the signature below, the City Controller certifies that, upon the request of the Directorresponsible director, the supplemental sum set out below has been allocated for the purposes of the this Agreement out of funds appropriated for this purpose by the City Council of the City of Houston. This Supplemental Allocation supplemental allocation has been charged to such appropriation. 4.05.4 City Council delegates to the Director the authority to approve up to $------------------------ in supplemental allocations (inclusive of the 10% change order contingency) for this Agreement without returning to Council. $ _____________ 3.04.2.2 The Original Allocation plus all Supplemental Allocations supplemental allocations are the “Allocated Funds.” , which include a 10% contingency in the amount of 4.05.5 Below, the Original Agreement amount is $ . The City shall never be obligated to pay any money under this Agreement in excess of the Allocated Funds. Contractor must assure itself that sufficient allocations have been made to pay for services it provides. If Allocated Funds are exhausted, Contractor’s only remedy is suspension or termination of its performance under this Agreement, Agreement and it has no other remedy in law or in equity against the City and no right to damages of any kind.

Limit of Appropriation. 3.04.1 (a) The City’s duty to pay money to Contractor Construction Manager for any purpose under this Agreement is limited in its entirety by the provisions of this Section. 3.04.2 (b) In order to comply with Article II, Sections 19 and 19a of the City’s Charter and Article XI, Section 5 of the Texas Constitution, the City has appropriated and allocated the sum of $____________ $ as Appropriated Funds to pay money due under this Agreement during the City’s current fiscal year (the “Original Allocation”)Agreement. The executive and legislative officers of the City, in their discretion, may allocate supplemental appropriate additional funds for this Agreement (each a “Supplemental Allocation” and collectively, the “Supplemental AllocationsAppropriation”) for this Agreement), but they are not obligated to do so. Therefore. (c) The aggregate of all sums duly authorized by City to be allocated to pay money due under the Agreement, the Parties have agreed to the following procedures and remedies: 3.04.2.1 The City has not allocated supplemental funds or made a Supplemental Allocation for this Agreement unless the City has issued to Contractor a Service Release Order, or similar form approved by the City Controller, containing the language set out below. When necessary, the Supplemental Allocation shall be approved by motion or ordinance of City Council. NOTICE OF SUPPLEMENTAL ALLOCATION OF FUNDS By the signature below, the City Controller certifies that, upon the request of the Director, the supplemental sum set out below has been allocated for the purposes of the Agreement out of funds appropriated for this purpose by the City Council of the City of Houston. This Supplemental Allocation has been charged to such appropriation. $ _____________ 3.04.2.2 The Original Allocation plus including all Supplemental Allocations are Appropriations, constitute the “Allocated Appropriated Funds.” . The City shall never be obligated to pay any money under this Agreement in excess of the Allocated Appropriated Funds. Contractor Construction Manager must assure itself that sufficient allocations appropriated funds have been made to pay for services it provides. If Allocated Appropriated Funds are exhausted, ContractorConstruction Manager’s only remedy is suspension or termination of its performance under this Agreement, Agreement and it Construction Manager has no other remedy in law or in equity against the City and no right to damages of any kind. If Appropriated Funds are exhausted and City would otherwise owe Construction Manager additional payments for continuing Work, Construction Manager has the right to suspend performance of the Work by seven (7) days’ advance written notice to City Engineer describing the cause and Construction Manager’s planned suspension. Once Appropriated Funds have been increased, Construction Manager shall resume Work and may be entitled to equitable adjustment in accordance with Section 14.3.3 of Document 00700- General Conditions. If after more than 120 days Appropriated Funds have not been increased, Construction Manager shall have the right to terminate its performance under Section 14.4.1 of the Document 00700-General Conditions. A RTICLE IX - CITY’S RESPONSIBILITIES 9.01 City Engineer shall be reasonably acquainted with the Project. Upon request, the City Engineer will furnish in writing the authorization of each representative of City to represent him in connection with the Project. 9.02 City shall cooperate in providing information to the other members of the Project Team regarding its requirements for the Project. 9.03 City shall furnish for the site of the Project any necessary surveys describing the physical characteristics, soil reports and subsurface investigations, known legal limitations, utility locations, and the legal description; to the extent such items may be required by agreements between City and Design Consultant or other consultants. City shall inform all special consultants retained by City that they shall coordinate their services through Construction Manager. City shall provide special testing and inspection services to the extent required by the applicable provisions of Texas Government Code Chapter 2269, Subchapter F, and Contract Documents. 9.04 If City has actual knowledge of any fault or defect in the Project or non-conformance with the Drawings and Project Manual, City shall give prompt written notice thereof to Construction Manager.

Limit of Appropriation. 3.04.1 ‌ 5.1 The City’s 's duty to pay money to Contractor under this Agreement is limited in its entirety by the provisions of this Section. 3.04.2 5.2 In order to comply with Article II, Sections 19 and 19a of the City’s 's Charter and Article XI, Section 5 of the Texas Constitution, the City has appropriated and allocated the sum of $____________ to pay money due under this Agreement during the City’s current fiscal year (the “year(the "Original Allocation”"). The executive and legislative officers of the City, in their discretion, may allocate supplemental funds (each a “Supplemental Allocation” and collectively, the “Supplemental Allocations”) for this Agreement, but they are not obligated to do so. Therefore, the Parties parties have agreed to the following procedures and remedies: 3.04.2.1 5.3 The City has not allocated supplemental funds or made a Supplemental Allocation for this Agreement unless the City has issued a Service Release Form, has issued to Contractor a Service Release Order, or similar form approved by the City Controller, containing the language set out below. When necessary, the Supplemental Allocation shall be approved by motion or ordinance of City Council. “NOTICE OF SUPPLEMENTAL ALLOCATION OF FUNDS FUNDS” By the signature below, the City Controller certifies that, upon the request of the Directorresponsible director, the supplemental sum set out below has been allocated for the purposes of the Agreement out of funds appropriated for this purpose by the City Council of the City of Houston. This Supplemental Allocation supplemental allocation has been charged to such appropriation. $ _____________. 3.04.2.2 5.4 The Original Allocation plus all Supplemental Allocations supplemental allocations are the “Allocated Funds.” . The City shall never be obligated to pay any money under this Agreement in excess of the Allocated Funds. Contractor must assure itself that sufficient allocations have been made to pay for services it provides. If Allocated Funds are exhausted, Contractor’s only remedy is suspension or termination of its performance under this Agreement, Agreement and it has no other remedy in law or in equity against the City and no right to damages of any kind.

Limit of Appropriation. 3.04.1 4.2.1 The City’s 's duty to pay money to Contractor Firm under this Agreement is limited in its entirety by the provisions of this Section. 3.04.2 4.2.2 In order to comply with Article II, Sections 19 and 19a of the City’s 's Charter and Article XI, Section 5 of the Texas Constitution, the City has appropriated and allocated the sum of $____________ to pay money due executive for services under this Agreement during the City’s current fiscal year (the “Original Allocation”). The executive and legislative officers of the City, in their discretion, may allocate supplemental funds (each a “Supplemental Allocation” and collectively, the “Supplemental Allocations”) for this Agreement, but they are not obligated to do so. Therefore, the Parties parties have agreed to the following procedures and remedies: 3.04.2.1 4.2.2.1 The City has not allocated supplemental funds or made mades a Supplemental Allocation for this Agreement unless the City has issued to Contractor Firm a Service Release Order, or similar form approved by the City Controller, containing the language set out below. When necessary, the Supplemental Allocation shall be approved by motion or ordinance of City Council. NOTICE OF SUPPLEMENTAL ALLOCATION OF FUNDS By the signature below, the City Controller certifies that, upon the request of the Directorresponsible director, the supplemental sum set out below has been allocated for the purposes of the Agreement out of funds appropriated for this purpose by the City Council of the City of Houston. This Supplemental Allocation supplemental allocation has been charged to such appropriation. $ _____________. 3.04.2.2 4.2.2.2 The Original Allocation plus all Supplemental Allocations are the “Allocated Funds.” ”. This Agreement is not an allocation of funds. The City shall never be obligated to pay any money under this Agreement in excess of the Allocated Funds. Contractor Firm must assure itself that sufficient allocations have been made to pay for services Services it provides. If Allocated Funds are exhausted, ContractorFirm’s only remedy is suspension or termination of its performance under this Agreement, and it has no other remedy in law or in equity against the City and no right to damages of any kind.

Limit of Appropriation. 3.04.1 3.7.1. The City’s 's duty to pay money to Contractor Design Consultant under this Agreement is limited in its entirety by the provisions of this Section. 3.04.2 3.7.2. In order to comply with Article II, Sections 19 and 19a of the City’s 's Charter and Article XI, Section 5 of the Texas Constitution, the City has appropriated and allocated the sum of $____________ to pay money due $ for Basic Services, Additional Services, and Reimbursable Expenses under this Agreement during the City’s current fiscal year (the “"Original Allocation”"). The executive and legislative officers of the City, in their discretion, may allocate supplemental funds (each a “Supplemental Allocation” and collectively, the “Supplemental Allocations”) for this Agreement, but they are not obligated to do so. Therefore, the Parties parties have agreed to the following procedures and remedies: 3.04.2.1 3.7.2.1. The City has not allocated makes a supplemental funds or made a Supplemental Allocation for this Agreement unless the City has issued allocation by issuing to Contractor Design Consultant a Service Release Order, or similar form approved by the City Controller, containing the language set out below. When necessary, the Supplemental Allocation shall be approved by motion or ordinance of City Council. NOTICE OF SUPPLEMENTAL ALLOCATION OF FUNDS By the signature below, the City Controller certifies that, upon the request of the Directorresponsible director, the supplemental sum set out below has been allocated for the purposes of the Agreement out of funds appropriated for this purpose by the City Council of the City of Houston. This Supplemental Allocation supplemental allocation has been charged to such appropriation. 3.7.3. City Council delegates to the Director the authority to approve up to $ _____________in supplemental allocations for this Agreement without returning to Council. 3.04.2.2 3.7.4. The Original Allocation plus all Supplemental Allocations supplemental allocations are the “Allocated Funds.” ”. The City shall never be obligated to pay any money under this Agreement in excess of the Allocated Funds. Contractor The Design Consultant must assure itself that sufficient allocations have been made to pay for services it provides. If Allocated Funds are exhausted, Contractorthe Design Consultant’s only remedy is suspension or termination of its performance under this Agreement, and it has no other remedy in law or in equity against the City and no right to damages of any kind. 3.7.5. The Director may authorize the transfer of funds between Basic Services, Additional Services, and Reimbursable Expenses or among the various categories of Basic Services, Additional Services, or Reimbursable Expenses when necessary to continue services, provided that the total funds authorized for Basic Services, Additional Services, and Reimbursable Expenses do not exceed the total amount appropriated by City Council. However, under no circumstances may funds be transferred into Basic Services, Additional Services, or Reimbursable Expenses when Design Consultant has agreed to perform such services for a lump sum or Not to Exceed Price when the transfer would result in increasing such agreed upon amount or Not to Exceed Price, without a corresponding increase in services.

Limit of Appropriation. 3.04.1 4.3.1. The City’s 's duty to pay money to Contractor Consultant under this Agreement is limited in its entirety by the provisions of this Section. 3.04.2 4.3.2. In order to comply with Article II, Sections 19 and 19a of the City’s 's Charter and Article XI, Section 5 of the Texas Constitution, the City has appropriated and allocated the sum of $___________XXXX_ to pay money due under this Agreement during the City’s current fiscal year (the “"Original Allocation”"). The executive and legislative officers of the City, in their discretion, may allocate supplemental funds (each a “Supplemental Allocation” and collectively, the “Supplemental Allocations”) for this Agreement, but they are not obligated to do so. Therefore, the Parties parties have agreed to the following procedures and remedies: 3.04.2.1 4.3.2.1. The City has not allocated supplemental funds or made a Supplemental Allocation for this Agreement unless the City has issued to the Contractor a Service Release Order, or similar form approved by the City Controller, containing the language set out below. When necessary, the Supplemental Allocation shall be approved by motion or ordinance of City Council. NOTICE OF SUPPLEMENTAL ALLOCATION OF FUNDS By the signature below, the City Controller certifies that, upon the request of the Directorresponsible director, the supplemental sum set out below has been allocated for the purposes of the Agreement out of funds appropriated for this purpose by the City Council of the City of Houston. This Supplemental Allocation supplemental allocation has been charged to such appropriation. 4.3.2.2. $ _____________ 3.04.2.2 The Original Allocation plus all Supplemental Allocations supplemental allocations are the “Allocated Funds.” ”. The City shall never be obligated to pay any money under this Agreement in excess of the Allocated Funds. Contractor Consultant must assure itself that sufficient allocations have been made to pay for services Services it provides. If Allocated Funds are exhausted, ContractorConsultant’s only remedy is suspension or termination of its performance under this Agreement, and it has no other remedy in law or in equity against the City and no right to damages of any kind.

Limit of Appropriation. 3.04.1 ‌ 4.04.1. The City’s duty to pay money to Contractor under this Agreement is limited in its entirety by the provisions of this Section. 3.04.2 4.04.2. In order to comply with Article II, Sections 19 and 19a of the City’s Charter and Article XI, Section 5 of the Texas Constitution, the City has appropriated and allocated the sum of $____________ to pay money due under this Agreement during the City’s current fiscal year (the “Original Allocation”). The executive and legislative officers of the City, in their discretion, may allocate supplemental funds (each a “Supplemental Allocation” and collectively, the “Supplemental Allocations”) for this Agreement, but they are not obligated to do so. Therefore, the Parties have agreed to the following procedures and remedies: 3.04.2.1 4.04.2.1. The City has not allocated supplemental funds or made a Supplemental Allocation for this Agreement unless the City has issued to Contractor a Service Release Order, or similar form approved by the City Controller, containing the language set out below. When necessary, the Supplemental Allocation shall be approved by motion or ordinance of City Council. NOTICE OF SUPPLEMENTAL ALLOCATION OF FUNDS By the signature below, the City Controller certifies that, upon the request of the Director, the supplemental sum set out below has been allocated for the purposes of the Agreement out of funds appropriated for this purpose by the City Council of the City of Houston. This Supplemental Allocation has been charged to such appropriation. $ _____________$ 3.04.2.2 4.04.2.2. The Original Allocation plus all Supplemental Allocations are the “Allocated Funds.” The City shall never be obligated to pay any money under this Agreement in excess of the Allocated Funds. Contractor must assure itself that sufficient allocations have been made to pay for services it provides. If Allocated Funds are exhausted, Contractor’s only remedy is suspension or termination of its performance under this Agreement, and it has no other remedy in law or in equity against the City and no right to damages of any kind.

Limit of Appropriation. 3.04.1 4.3.1 The City’s duty to pay money to Contractor for any purpose under this Agreement is limited in its entirety by to the provisions of this SectionSection 4.3. 3.04.2 4.3.2 In order to comply with Article II, Sections 19 and 19a of the City’s Charter and Article XI, Section 5 of the Texas Constitution, the City Council has appropriated and allocated the sum of $____________ to pay money due under this Agreement during the City’s current fiscal year 12,000,000.00 (the “Original Allocation”)) to pay money due under job order contracts, of which this Agreement is one. The executive and legislative officers of the City, in their discretion, may allocate supplemental appropriate additional funds (each a “Supplemental Allocation” and collectively, the “Supplemental Allocations”) for this Agreement, but they are not obligated to do so. Therefore, the Parties parties have agreed to the following procedures and remediesprocedures: 3.04.2.1 4.3.2.1 The City has not allocated makes a supplemental funds or made a Supplemental Allocation for this Agreement unless the City has issued allocation by issuing to Contractor a Service Release Order, or similar form approved by the City Controller, containing the language set out below. When necessary, the Supplemental Allocation supplemental allocation shall be approved by motion or ordinance of by City Council. NOTICE OF SUPPLEMENTAL ALLOCATION OF FUNDS By the signature below, the City Controller certifies that, upon the request of the Directorresponsible director, the supplemental sum set out below has been allocated for the purposes of the Agreement out of funds appropriated for this purpose by the City Council of the City of Houston. This Supplemental Allocation supplemental allocation has been charged to such appropriation. $ _____________. 3.04.2.2 4.3.2.2 The Original Allocation plus all Supplemental Allocations supplemental allocations are the “Allocated Funds.” ”. The City shall never be obligated to pay any money under this Agreement in excess of the Allocated Funds. Contractor must assure itself that sufficient allocations have been made to pay for services it provides. If Allocated Funds are exhausted, Contractor’s only remedy is suspension or termination of its performance under this Agreement, and it has no other remedy in law or in equity against the City and no right to damages of any kind. 4.3.3 The maximum contract amount referenced in the approving ordinance is available for distribution among four contracts, of which this is one. The City is not obligated to issue the entire maximum contract amount referenced in the approving ordinance or the prorata estimated amount of compensation to any of the contracts. The Contractor will not be entitled to recalculate the prices in the UPB or the coefficient because of the amount of the Work issued under this Agreement.

Limit of Appropriation. 3.04.1 4.4.1. The City’s 's duty to pay money to Contractor under this Agreement is limited in its entirety by the provisions of this Section. 3.04.2 4.4.2. In order to comply with Article II, Sections 19 and 19a of the City’s 's Charter and Article XI, Section 5 of the Texas Constitution, the City has appropriated and allocated the sum of $____________ $ to pay money due under this Agreement during the City’s current fiscal year (the “"Original Allocation”"). The executive and legislative officers of the City, in their discretion, may allocate supplemental funds (each a “Supplemental Allocation” and collectively, the “Supplemental Allocations”) for this Agreement, but they are not obligated to do so. Therefore, the Parties have agreed to the following procedures and remedies: 3.04.2.1 4.4.2.1. The City has not allocated supplemental funds or made a Supplemental Allocation Application for this Agreement unless the City has issued to the Contractor a Service Release Order, or similar form approved by the City Controller, containing the language set out below. When necessary, the Supplemental Allocation shall be approved by motion or ordinance of City Council. NOTICE OF SUPPLEMENTAL ALLOCATION OF FUNDS By the signature below, the City Controller certifies that, upon the request of the Directorresponsible director, the supplemental sum set out below has been allocated for the purposes of the Agreement out of funds appropriated for this purpose by the City Council of the City of Houston. This Supplemental Allocation supplemental allocation has been charged to such appropriation. 4.4.2.2. $ _____________ 3.04.2.2 The Original Allocation plus all Supplemental Allocations supplemental allocations are the “Allocated Funds.” ”. The City shall never be obligated to pay any money under this Agreement in excess of the Allocated Funds. Contractor must assure itself that sufficient allocations have been made to pay for services Services it provides. If Allocated Funds are exhausted, Contractor’s only remedy is suspension or termination of its performance under this Agreement, and it has no other remedy in law or in equity against the City and no right to damages of any kind.

Limit of Appropriation. 3.04.1 8.7.1 The City’s duty to pay money to Contractor the DESIGN-BUILD CONTRACTOR for any purpose under this Agreement Contract is limited in its entirety by the provisions of this Section. 3.04.2 8.7.2 In order to comply with Article II, Sections 19 and 19a of the City’s Charter and Article XI, Section 5 of the Texas Constitution, the City has appropriated and allocated the sum of $____________ $ for Preconstruction Phase and Design Services and $ for Advanced Packages as Appropriated Funds to pay money due under this Agreement during the City’s current fiscal year Contract for Work, as may be required (the “Original AllocationAppropriation”). The executive and legislative officers of the City, in their sole discretion, may allocate supplemental appropriate additional funds for this Contract (each a “Supplemental Allocation” and collectively, the “Supplemental AllocationsAppropriation”) for this Agreement), but they are not obligated to do so. Therefore, the Parties have agreed to the following procedures and remedies:. 3.04.2.1 8.7.3 The City has not allocated supplemental funds or made a Supplemental Allocation for this Agreement unless the City has issued to Contractor a Service Release Order, or similar form approved aggregate of all sums duly authorized by the City Controllerto be allocated to pay money due under this Contract, containing including the language set out below. When necessary, the Supplemental Allocation shall be approved by motion or ordinance of City Council. NOTICE OF SUPPLEMENTAL ALLOCATION OF FUNDS By the signature below, the City Controller certifies that, upon the request of the Director, the supplemental sum set out below has been allocated for the purposes of the Agreement out of funds appropriated for this purpose by the City Council of the City of Houston. This Supplemental Allocation has been charged to such appropriation. $ _____________ 3.04.2.2 The Original Allocation plus Appropriation and all Supplemental Allocations are Appropriations, constitute the “Allocated Appropriated Funds.” . The City shall never be obligated to pay any money under this Agreement Contract in excess of the Allocated Appropriated Funds. Contractor The DESIGN-BUILD CONTRACTOR must assure itself that sufficient allocations Appropriated Funds have been made to pay for services it provides. If Allocated Appropriated Funds are exhausted, Contractorthe DESIGN-BUILD CONTRACTOR’s only remedy is suspension or termination of its performance under this Agreement, Contract and it the DESIGN-BUILD CONTRACTOR has no other remedy in law or in equity against the City and no right to damages of any kind. 8.7.4 The DESIGN-BUILD CONTRACTOR shall closely monitor expenditures under this Contract and shall notify the Director when amounts payable by the City hereunder for authorized Work are equal to 80% of the Appropriated Funds, even if such amounts payable have not yet been billed to the City. At such point, if additional amounts payable by the City hereunder for the DESIGN-BUILD CONTRACTOR’s continued performance of the authorized Work would exceed the amount of remaining Appropriated Funds, the DESIGN-BUILD CONTRACTOR has the right to suspend performance of the authorized Work by seven days’ advance written notice to the Director describing the cause and the DESIGN-BUILD CONTRACTOR’s planned suspension. Once Appropriated Funds have been increased, the DESIGN- BUILD CONTRACTOR shall resume performance of the authorized Work and may be entitled to equitable adjustment in accordance with the applicable provisions of the Contract Documents. If after more than 180 days Appropriated Funds have not been increased, the DESIGN-BUILD CONTRACTOR shall have the right to terminate its performance in accordance with the applicable provisions of the Contract Documents. However, termination shall not relieve DESIGN-BUILD CONTRACTOR of its continuing obligations to the City already incurred. The City shall not under any circumstances be obligated to seek a Supplemental Appropriation.

Limit of Appropriation. 3.04.1 The City’s duty to pay money to Contractor under this Agreement is limited in its entirety by the provisions of this Section. 3.04.2 In order to comply with Article II, Sections 19 and 19a of the City’s Charter and Article XI, Section 5 of the Texas Constitution, the City has appropriated and allocated the sum of $____________ 160,000.00 to pay money due under this Agreement during the City’s current fiscal year (the “Original Allocation”). The executive and legislative officers of the City, in their discretion, may allocate supplemental funds (each a “Supplemental Allocation” and collectively, the “Supplemental Allocations”) for this Agreement, but they are not obligated to do so. Therefore, the Parties have agreed to the following procedures and remedies: 3.04.2.1 The City has not allocated supplemental funds or made a Supplemental Allocation for this Agreement unless the City has issued to Contractor a Service Release Order, or similar form approved by the City Controller, containing the language set out below. When necessary, the Supplemental Allocation shall be approved by motion or ordinance of City Council. NOTICE OF SUPPLEMENTAL ALLOCATION OF FUNDS By the signature below, the City Controller certifies that, upon the request of the Director, the supplemental sum set out below has been allocated for the purposes of the Agreement out of funds appropriated for this purpose by the City Council of the City of Houston. This Supplemental Allocation has been charged to such appropriation. $ _____________ 3.04.2.2 The Original Allocation plus all Supplemental Allocations are the “Allocated Funds.” The City shall never be obligated to pay any money under this Agreement in excess of the Allocated Funds. Contractor must assure itself that sufficient allocations have been made to pay for services it provides. If Allocated Funds are exhausted, Contractor’s only remedy is suspension or termination of its performance under this Agreement, and it has no other remedy in law or in equity against the City and no right to damages of any kind.

Limit of Appropriation. 3.04.1 4.04.1 The City’s duty to pay money to Contractor under this Agreement is limited in its entirety by the provisions of this Section. 3.04.2 4.04.2 In order to comply with Article II, Sections 19 and 19a of the City’s Charter and Article XI, Section 5 of the Texas Constitution, the City has appropriated and allocated the sum of $____________ $ to pay money due under this Agreement during the City’s current fiscal year (the “Original Allocation”). The executive and legislative officers of the City, in their discretion, may allocate supplemental funds (each a “Supplemental Allocation” and collectively, the “Supplemental Allocations”) for this Agreement, but they are not obligated to do so. Therefore, the Parties have agreed to the following procedures and remedies: 3.04.2.1 4.04.2.1 The City has not allocated supplemental funds or made a Supplemental Allocation for this Agreement unless the City has issued to Contractor a Service Release Order, or similar form approved by the City Controller, containing the language set out below. When necessary, the Supplemental Allocation shall be approved by motion or ordinance of City Council. NOTICE OF SUPPLEMENTAL ALLOCATION OF FUNDS By the signature below, the City Controller certifies that, upon the request of the Director, the supplemental sum set out below has been allocated for the purposes of the Agreement out of funds appropriated for this purpose by the City Council of the City of Houston. This Supplemental Allocation has been charged to such appropriation. $ _____________$ 3.04.2.2 4.04.2.2 The Original Allocation plus all Supplemental Allocations are the “Allocated Funds.” The City shall never be obligated to pay any money under this Agreement in excess of the Allocated Funds. Contractor must assure itself that sufficient allocations have been made to pay for services it provides. If Allocated Funds are exhausted, Contractor’s only remedy is suspension or termination of its performance under this Agreement, and it has no other remedy in law or in equity against the City and no right to damages of any kind.

Limit of Appropriation. 3.04.1 5.1 The City’s 's duty to pay money to Contractor under this Agreement is limited in its entirety by the provisions of this Section. 3.04.2 5.2 In order to comply with Article II, Sections 19 and 19a of the City’s 's Charter and Article XI, Section 5 of the Texas Constitution, the City has appropriated and allocated the sum of $____________ 3,825,000.00 to pay money due under this Agreement during the City’s current fiscal year (the “"Original Allocation”"). The executive and legislative officers of the City, in their discretion, may allocate supplemental funds (each a “Supplemental Allocation” and collectively, the “Supplemental Allocations”) for this Agreement, but they are not obligated to do so. Therefore, the Parties parties have agreed to the following procedures and remedies: 3.04.2.1 5.3 The City has not allocated supplemental funds or made makes a Supplemental Allocation for this Agreement unless the City has issued by issuing to Contractor a Service Release Order, or similar form approved by the City Controller, containing the language set out below. When necessary, the Supplemental Allocation shall be approved by motion or ordinance of City Council. “NOTICE OF SUPPLEMENTAL ALLOCATION OF FUNDS FUNDS” By the signature below, the City Controller certifies that, upon the request of the Directorresponsible director, the supplemental sum set out below has been allocated for the purposes of the Agreement out of funds appropriated for this purpose by the City Council of the City of Houston. This Supplemental Allocation supplemental allocation has been charged to such appropriation. $ _____________. 3.04.2.2 5.4 The Original Allocation plus all Supplemental Allocations supplemental allocations are the “Allocated Funds.” . The City shall never be obligated to pay any money under this Agreement in excess of the Allocated Funds. Contractor must assure itself that sufficient allocations have been made to pay for services it provides. If Allocated Funds are exhausted, Contractor’s only remedy is suspension or termination of its performance under this Agreement, Agreement and it has no other remedy in law or in equity against the City and no right to damages of any kind.

Limit of Appropriation. 3.04.1 4.3.1. The City’s 's duty to pay money to Contractor Consultant under this Agreement is limited in its entirety by the provisions of this Section. 3.04.2 In order to comply with 4.3.2. The Consultant recognizes that under certain provisions of Article II, Sections 19 and 19a of the City’s 's Charter and Article XI, Section 5 of the Texas Constitution, the City may not obligate itself by contract to an extent in excess of an amount therefor appropriated by the City Council and further recognizes that only $ has been appropriated and allocated the sum of $____________ by City Council to pay money due under this Agreement during the cost of all services authorized by LOAs for the City’s 's current fiscal year (the “"Original Allocation”"). The executive and legislative officers of the City, in their discretion, may allocate supplemental funds (each a “Supplemental Allocation” and collectively, the “Supplemental Allocations”) for this Agreement, but they are not obligated to do so. Therefore, the Parties parties have agreed to the following procedures and remedies: 3.04.2.1 4.3.2.1. The City has not allocated supplemental funds or made a Supplemental Allocation Application for this Agreement unless the City has issued to Contractor the Consultant a Service Release Order, or similar form approved by the City Controller, containing the language set out below. When necessary, the Supplemental Allocation shall be approved by motion or ordinance of City Council. NOTICE OF SUPPLEMENTAL ALLOCATION OF FUNDS By the signature below, the City Controller certifies that, upon the request of the Directorresponsible director, the supplemental sum set out below has been allocated for the purposes of the Agreement out of funds appropriated for this purpose by the City Council of the City of Houston. This Supplemental Allocation supplemental allocation has been charged to such appropriation. 4.3.2.2. $ _____________ 3.04.2.2 The Original Allocation plus all Supplemental Allocations supplemental allocations are the “Allocated Funds.” ”. The City shall never be obligated to pay any money under this Agreement in excess of the Allocated Funds. Contractor Consultant must assure itself that sufficient allocations have been made to pay for services Services it provides. If Allocated Funds are exhausted, ContractorConsultant’s only remedy is suspension or termination of its performance under this Agreement, and it has no other remedy in law or in equity against the City and no right to damages of any kind.

Limit of Appropriation. 3.04.1 4.2.1 The City’s 's duty to pay money to Contractor under this Agreement is limited in its entirety by the provisions of this Section. 3.04.2 4.2.2 In order to comply with Article II, Sections 19 and 19a of the City’s 's Charter and Article XI, Section 5 of the Texas Constitution, the City has appropriated and allocated the sum of $____________ $ to pay money due under this Agreement during the City’s current fiscal year (the “"Original Allocation”"). The executive and legislative officers of the City, in their discretion, may allocate supplemental funds (each a “Supplemental Allocation” and collectively, the “Supplemental Allocations”) for this Agreement, but they are not obligated to do so. Therefore, the Parties have agreed to the following procedures and remedies: 3.04.2.1 4.2.2.1 The City has not allocated supplemental funds or made makes a Supplemental Allocation for this Agreement unless the City has issued by issuing to Contractor a Service Release Order, or similar form approved by the City Controller, containing the language set out below. When necessary, the Supplemental Allocation shall be approved by motion or ordinance of City Council. NOTICE OF SUPPLEMENTAL ALLOCATION OF FUNDS By the signature below, the City Controller certifies that, upon the request of the Directorresponsible director, the supplemental sum set out below has been allocated for the purposes of the Agreement out of funds appropriated for this purpose by the City Council of the City of Houston. This Supplemental Allocation supplemental allocation has been charged to such appropriation. $ _____________. 3.04.2.2 4.2.2.2 The Original Allocation plus all Supplemental Allocations supplemental allocations are the “Allocated Funds.” ”. Funds are not allocated unless and until the funds have been (i) approved by the City Attorney and (ii) certified by the City Controller as required by Article II, Section 19a of the City Charter, notwithstanding any delegation of authority by City Council. This Agreement is not an allocation of funds. The City shall never be obligated to pay any money under this Agreement in excess of the Allocated Funds. Contractor must assure itself that sufficient allocations have been made to pay for services Services it provides. If Allocated Funds are exhausted, Contractor’s only remedy is suspension or termination of its performance under this Agreement, and it has no other remedy in law or in equity against the City and no right to damages of any kind.

Limit of Appropriation. 3.04.1 The City’s duty to pay money to Contractor under this Agreement is limited in its entirety by the provisions of this Section. 3.04.2 Contractor understands that the City’s obligation for payment under this Agreement, if any, is limited to CDBG-DR17 funds received by the City from the Texas General Land Office (“GLO”) in accordance with the applicable GLO Xxxxxx Contract for the performance of services under this Agreement. HCDD shall perform the day-to-day administration and oversight of the CDBG-DR17 funds. Unless adequate CDBG-DR17 funds are received, the City shall have no obligation to pay Contractor. Contractor must look to these designated funds only and to no other funds for the City’s payment under this Agreement, and that the City is permanently excused from making payments due under this Agreement if, for whatever reason, there is a lack of CDBG-DR17 funds. 3.04.3 In order to comply with Article II, Sections 19 and 19a of the City’s Charter and Article XI, Section 5 of the Texas Constitution, the City has appropriated and allocated the sum of TWO HUNDRED THOUSAND AND 0/100 dollars ($____________ 200,000.00) during the current fiscal year to pay money due under this Agreement during the City’s current fiscal year (the “Original Allocation”). The executive and legislative officers of the City, in their discretion, may allocate supplemental funds (each a “Supplemental Allocation” and collectively, the “Supplemental Allocations”) for this Agreement, but they are not obligated to do so. Therefore, the Parties have agreed to the following procedures and remedies: 3.04.2.1 3.04.3.1 The City has not allocated supplemental funds or made a Supplemental Allocation for this Agreement unless the City has issued to Contractor a Service Release Order, or similar form approved by the City Controller, containing the language set out below. When necessary, the Supplemental Allocation shall be approved by motion or ordinance of City Council. NOTICE OF SUPPLEMENTAL ALLOCATION OF FUNDS By the signature below, the City Controller certifies that, upon the request of the Director, the supplemental sum set out below has been allocated for the purposes of the Agreement out of funds appropriated for this purpose by the City Council of the City of Houston. This Supplemental Allocation has been charged to such appropriation. $ _____________ 3.04.2.2 The Original Allocation plus all Supplemental Allocations are the “Allocated Funds.” The City shall never be obligated to pay any money under this Agreement in excess of the Allocated Funds. Contractor must assure itself that sufficient allocations have been made to pay for services it provides. If Allocated Funds are exhausted, Contractor’s only remedy is suspension or termination of its performance under this Agreement, and it has no other remedy in law or in equity against the City and no right to damages of any kind.

Limit of Appropriation. 3.04.1 9.7.1 The City’s duty to pay money to Contractor the DESIGN BUILD CONTRACTOR for any purpose under this Agreement Contract is limited in its entirety by the provisions of this Section. 3.04.2 9.7.2 In order to comply with Article II, Sections 19 and 19a of the City’s Charter and Article XI, Section 5 of the Texas Constitution, the City has appropriated and allocated the sum of $____________ X,XXX,XXX.XX for Preconstruction Phase and Design Services for the GMP and $XX,XXX,XXX for Advance Packages as Appropriated Funds to pay money due under this Agreement during the City’s current fiscal year Contract for Work, as may be required (the “Original AllocationAppropriation”). The executive and legislative officers of the City, in their sole discretion, may allocate supplemental appropriate additional funds for this Contract (each a “Supplemental Allocation” and collectively, the “Supplemental AllocationsAppropriation”) for this Agreement), but they are not obligated to do so. Therefore, the Parties have agreed to the following procedures and remedies:. 3.04.2.1 9.7.3 The City has not allocated supplemental funds or made a Supplemental Allocation for this Agreement unless the City has issued to Contractor a Service Release Order, or similar form approved aggregate of all sums duly authorized by the City Controllerto be allocated to pay money due under this Contract, containing including the language set out below. When necessary, the Supplemental Allocation shall be approved by motion or ordinance of City Council. NOTICE OF SUPPLEMENTAL ALLOCATION OF FUNDS By the signature below, the City Controller certifies that, upon the request of the Director, the supplemental sum set out below has been allocated for the purposes of the Agreement out of funds appropriated for this purpose by the City Council of the City of Houston. This Supplemental Allocation has been charged to such appropriation. $ _____________ 3.04.2.2 The Original Allocation plus Appropriation and all Supplemental Allocations are Appropriations, constitute the “Allocated Appropriated Funds.” . The City shall never be obligated to pay any money under this Agreement Contract in excess of the Allocated Appropriated Funds. Contractor The DESIGN BUILD CONTRACTOR must assure itself that sufficient allocations Appropriated Funds have been made to pay for services it provides. If Allocated Appropriated Funds are exhausted, Contractorthe DESIGN BUILD CONTRACTOR’s only remedy is suspension or termination of its performance under this Agreement, Contract and it the DESIGN BUILD CONTRACTOR has no other remedy in law or in equity against the City and no right to damages of any kind. 9.7.4 The DESIGN BUILD CONTRACTOR shall closely monitor expenditures under this Contract and shall notify the Director when amounts payable by the City hereunder for authorized Work are equal to % of the Appropriated Funds, even if such amounts payable have not yet been billed to the City. At such point, if additional amounts payable by the City hereunder for the DESIGN BUILD CONTRACTOR’s continued performance of the authorized Work would exceed the amount of remaining Appropriated Funds, the DESIGN BUILD CONTRACTOR has the right to suspend performance of the authorized Work by seven days’ advance written notice to the Director describing the cause and the DESIGN BUILD CONTRACTOR’s planned suspension. Once Appropriated Funds have been increased, the DESIGN BUILD CONTRACTOR shall resume performance of the authorized Work and may be entitled to equitable adjustment in accordance with the applicable provisions of the Contract Documents. If after more than 180 days Appropriated Funds have not been increased, the DESIGN BUILD CONTRACTOR shall have the right to terminate its performance in accordance with the applicable provisions of the Contract Documents. However, termination shall not relieve DESIGN BUILD CONTRACTOR of its continuing obligations to the City already incurred. The City shall not under any circumstances be obligated to seek a Supplemental Appropriation.

Limit of Appropriation. 3.04.1 The City’s duty to pay money to Contractor under this Agreement is limited in its entirety by the provisions of this Section. 3.04.2 Contractor understands that the City’s obligation for payment under this Agreement, if any, is limited to CDBG-DR17 funds received by the City from the Texas General Land Office (“GLO”) in accordance with the applicable GLO Xxxxxx Contract for the performance of services under this Agreement. HCDD shall perform the day-to-day administration and oversight of the CDBG-DR17 funds. Unless adequate CDBG-DR17 funds are received, the City shall have no obligation to pay Contractor. Contractor must look to these designated funds only and to no other funds for the City’s payment under this Agreement, and that the City is permanently excused from making payments due under this Agreement if, for whatever reason, there is a lack of CDBG-DR17 funds. 3.04.3 In order to comply with Article II, Sections 19 and 19a of the City’s Charter and Article XI, Section 5 of the Texas Constitution, the City has appropriated and allocated the sum of ONE MILLION EIGHT HUNDRED THOUSAND AND 00/100 dollars ($____________ 1,800,000.00) during the current fiscal year to pay money due under this Agreement during the City’s current fiscal year (the “Original Allocation”). The executive and legislative officers of the City, in their discretion, may allocate supplemental funds (each a “Supplemental Allocation” and collectively, the “Supplemental Allocations”) for this Agreement, but they are not obligated to do so. Therefore, the Parties have agreed to the following procedures and remedies: 3.04.2.1 The City has not allocated supplemental funds or made a Supplemental Allocation for this Agreement unless the City has issued to Contractor a Service Release Order, or similar form approved by the City Controller, containing the language set out below. When necessary, the Supplemental Allocation shall be approved by motion or ordinance of City Council. NOTICE OF SUPPLEMENTAL ALLOCATION OF FUNDS By the signature below, the City Controller certifies that, upon the request of the Director, the supplemental sum set out below has been allocated for the purposes of the Agreement out of funds appropriated for this purpose by the City Council of the City of Houston. This Supplemental Allocation has been charged to such appropriation. $ _____________ 3.04.2.2 The Original Allocation plus all Supplemental Allocations are the “Allocated Funds.” The City shall never be obligated to pay any money under this Agreement in excess of the Allocated Funds. Contractor must assure itself that sufficient allocations have been made to pay for services it provides. If Allocated Funds are exhausted, Contractor’s only remedy is suspension or termination of its performance under this Agreement, and it has no other remedy in law or in equity against the City and no right to damages of any kind.