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M <br />maintenance costs at the rate in effect for the preceding calendar year until such estimate is <br />delivered. Any over or under payment in monthly installments paid shall be adjusted, in the case <br />of overpayment, by credit against the installment next coming due, in the case of underpayment, <br />by payment by the City within thirty (30) days after such estimate is delivered. Apache Park <br />may at any time compute and deliver to the City a revised estimate of the Apache Park Property <br />monthly maintenance costs, together with Apache Park's determination of the adjustment to the <br />City's monthly installments of the Apache Park Property maintenance costs to fully recover the <br />revised estimate of the Apache Park Property maintenance costs for any calendar year. Without <br />further notice, the City shall pay to Apache Park monthly installments of the Apache Park <br />Property maintenance costs in accordance with that adjustment. <br />Apache Park shall deliver to the City within sixty (60) days after the end of each calendar <br />year a written statement showing in reasonable dctail the an}oust of the Apache Park Property <br />maintenance costs for such calendar year and certified to be correct by a responsible <br />representative of Apache Park If the aggregate Apache Park Property maintenance costs <br />actually paid by the City to Apache Park for such calendar year differs from the amount of the <br />Apache Park Property maintenance costs payable for such calendar year, the City shall pay or <br />Apache Park shall refund or credit against the installment of the Apache Park Property <br />maintenance costs next coming due the difference, as appropriate, without interest within thirty <br />(30) days after the date of delivery of the statement. <br />6. This Agreement may be executed in any number of counterparts, each of which <br />shall for the purposes be deemed to be an original, and all of which are identical. All such <br />counterparts together shall constitute one instrument. <br />7. This Agreement constitutes the entire understanding of the parties hereto with <br />respect to the obligations contemplated hereby and supercedes all prior agreements and <br />understandings between the parties with respect: to the subject matter hereof. No representations, <br />warranties, undertakings or promises, whether oral, implied, written or otherwise, have been <br />made by either party to the other unless expressly stated in this Agreement, or unless mutually <br />agreed to in writing between the parties thereto after the date hereof, and neither party has relied. <br />upon any verbal representations, agreements or understandings not expressly set forth herein. <br />{'THP? REMAINDER OF THIS PAGE IS INT ENTIONALLY LEFT BLANK.} <br />3 <br />