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• • Provisions that would permit mutual acceptance of major revisions in the scope, character or estimated total cost of the work to be performed if such changes become necessary as the work progresses, (k) The following provision: "The negotiator warrants that he has not employed or retained any company, firm or person, other than a bona fide employee working solely for the negotiator to solicit or secure this agreement, and that has not paid or agreed to pay any company, firm or person, other than a bona fide em- ployee working solely for the negotia- tor, any fee, commission, percentage, brokerage fee, gifts or any other con- sideration contingent upon or result- ing from the award or making of this agreement. For breach or violation of this warranty, the Sponsor will have the right to annul this agreement without liability". Provision that would permit termina- tion of the agreement by the Sponsor in case the negotiator is not comply- ing with the terms of the agreement, the progress or quality of work is un- satisfactory, or for other stated rea- sons, Provisions covering the return to the sponsor of all working papers, plans, records, schedules, etc., in the event of termination of the agreement by the Sponsor, (n) Provision for a procedure for resolv- ing any dispute concerning a question of fact in connection with the work not disposed of by agreement' between the parties, conforming to the practice followed by the Sponsor in resolving disputes in other contractual matters, (o) An expressed prohibition against the subletting or transfer of any of the work, (p) Instructions that the negotiator is to follow procedures, principles, and techniques in negotiation of real estate in accordance with existing Sponsor procedures as accepted by FAA, (j) (1) (m) (q) Provision for a disclaimer of any past, present or contemplated future per- sonal interest in any of the properties included in the proposed contract or agreement, (r) The clauses set forth in the civil rights assurances, (s) Properly executed signatures and dates. 42. ADMINISTRATIVE SETTLEMENTS. An administrative settlement is any settlement made, or authorized to be made, by a responsible employee of the Sponsor in excess of the Sponsor's approved just compensation prior to transfer of the parcel to legal authority for further handling. a. Basis for an Administrative Settlement. A designated' Sponsor representative may make an ad- ministrative settlement when it is determined that such action is in the public interest. However, in- discrimate use of the method is not implied, nor is litigation to be avoided only because of the cost of trial or when circumstances indicate otherwise. In arriving at a determination to make an administra- tive settlement, the designated representative should carefully review the parcel file giving full considera- tion to all pertinent information including: (1) The appraiser's opinion of value, (2) Just compensation as recommended by the reviewing appraiser, Recent court awards for similar type prop- erty, (4) The negotiator's recorded information, (5) The estimate of trial cost, (6) The opinion of legal counsel. b. Documentation. The Sponsor's file is to be appropriately documented whenever an adminis- trative settlement is made. In all instances the rea- soning for the settlement should be set forth in writing. However, it is recognized that the extent of written explanation is a judgmental determination and should be consistent with the situation, cir- cumstances and the amount of money involved. The file will indicate that the approved amount was established prior to any agreement with the owner. Such approval may be oral with subsequent writ- ten verification by the responsible Sponsor repre- sentative placed in the file prior to payment. c. Noncompensable Items. Should the settlement include the payment of items considered as non- compensable under Federal law, the amounts paid for such items will be established and excluded from (3) 23