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the.Architect to evaluate cost saving measures (value engineering) to reduce project scope or design, material costs, or modification of other project elements, while maintaining the objectives of the New Improvements, and rebid the Project; or (2) the Project shall not proceed and this Interlocal Agreement shall expire. In the event the Project is completed at a total cost that is less than the New Improvements Construction Budget, St Lucie County shall return the remainder to the Counties per their pro rata share contribution. v. Nothing in this Agreement shall obligate the Counties to provide funding for the construction of the Facility in excess of the approved New Improvements Construction Budget. The monies provided by the Counties to fund the approved New Improvements Construction Budget shall be used to fund the New Improvements only and for no other purpose. (1) Change Orders that increase the New Improvements Construction Budget shall be addressed as set forth in the Interlocal Agreement. Change Orders related to the approved architectural plans that maintain the construction costs within the New Improvements Construction Budget or for other non -monetary relief, including time, may be approved by St. Lucie in its sole discretion, with notice and copy of the Change Order to the Non -Trustee Parties. Change Orders adding new work scope requires unanimous approval by the Counties per the Interlocal Agreement. (2) Judgments or rulings on claims raised by the Contractor, and all defense or prosecution costs incurred by St. Lucie, shall be paid by the Counties in accordance with their pro rata sharing of costs as set forth in Paragraph 4(a)(ix) of the Interlocal Agreement. Settlements on any such claims or judgments must be unanimously approved by the Counties, and upon approval, shall be paid by the Counties in accordance with their pro rata sharing of costs as set forth in the Interlocal Agreement vi. The Construction Contract shall, inter alia, include each of the following requirements related to all work under the Construction Contract: 1. the furnishing of a public construction bond in a form consistent with Section 255.05, Fla. Stat., with St. Lucie named as co -obligee; 2. retainage in an amount acceptable to St. Lucie for the Work, until the Completion of the Work (including a retainage of 5% of the total value of the construction contract) and required at 50% completion as set forth in Section 255.078, Fla. Stat.; 3