Bayley Construction LP 5/1/2026 Amendment 1

Page 8 Everett Multipurpose Stadium March 6, 2026 of probable construction costs provided by Säzän are offered only for purposes of general guidance and are made on the basis of Säzän’s judgment as a professional familiar with the industry. Säzän makes no warranty or representation that bids or proposals from contractors will not vary from any opinions of probable construction costs provided by Säzän. Construction Säzän shall not be responsible for any failure on the part of the contractor(s) to construct in accordance with the plans and specifications or applicable codes or standards. Säzän shall not be responsible for construction means, methods, techniques, sequences, or procedures or for jobsite safety or safety programs in connection with the construction. Assignment Neither party may, either during performance or after performance or termination, assign this Agreement or any rights or liabilities arising under it or related to it without the written consent of the non-assigning party, which consent may be withheld for any reason or in the non-assigning party’s discretion. There are no third party beneficiaries of this Agreement. Termination This Agreement may be terminated by either party upon seven days’ written notice should the other party fail to perform in accordance with its terms through no fault of the party initiating the termination. In the event of a termination for a reason other than Säzän’s default, Client shall compensate Säzän for all services performed and reimbursable expenses incurred up to the point of termination within fifteen days of the effective date of the termination. Dispute Resolution Any dispute that arises under or related to this Agreement, or the breach or alleged breach of this Agreement, that cannot be resolved by direct discussions between the parties shall be submitted to non-binding mediation. Unless the parties subsequently agree otherwise, the mediation shall be conducted in Seattle by the American Arbitration Association acting under its Construction Industry Arbitration Rules. Neither party may commence arbitration on any claim that has not first been considered in mediation. Any dispute that has not been resolved after being considered in mediation shall be resolved by binding arbitration. Unless the parties subsequently agree otherwise in writing, the arbitration shall be conducted in Seattle by the American Arbitration Ass ociation acting under its Construction Industry Arbitration Rules, provide, however, that there shall be a single arbitrator regardless of the amount in dispute. The arbitrator’s decision shall be final and binding. No arbitration between the parties shall be consolidated with any other proceeding involving any third parties or entities, and no other person or entity shall be made a party to any such arbitration without the consent of both parties to this Agreement. The foregoing mandatory procedures shall not preclude Säzän from recording a lien and/or commencing an action in Superior Court to foreclose a lien in advance of mediation and/or arbitration to comply with statutory time limitations. Waiver of Subrogation The Client waives all claims for damages against Säzän to the extent such damages are covered by insurance carried by or for the benefit of Client. Säzän waives all claims for damages against Client to the extent such damages are covered by insurance carried by or for the benefit of Säzän. The foregoing waivers shall not apply to the extent, if any, that they impair coverage under the subject insurance policy or policies. Consequential Damages / Claims Against Individuals The parties waive all claims for consequential damages against each other. Each party waives all claims for damages against the other party’s members, shareholders, officers, directors, and employees; provided, however, that this waiver shall not apply to protect any individual’s intentionally wrongful act. Progressive Design-Build Contract for Everett Outdoor Event Center Exhibit to Amendment No. 1 - Phase 1B Work and Fee Proposal