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(Usury laws and requirements under- dw FZeder-al Truth in LendingAet; similar state and leealeensumer . . . .. . elsewher-e may affeet the validify of this provision. Legal adiliee should be ebtained with respeet to deletiekis e ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES The Owner shall compensate the Construction Manager for Construction Phase services as follows: § 5.1 COMPENSATION § 5.1 . 1 For the Construction Manager' s performance of the Work as described in Section 2.3 , the Owners all pay the Construction Manager in current funds-the Contract Sum consisting of the Cost of the Work as defined in Article �6 and the Construction Manager' s Fee determined as follows : (State-To be determined as a lump sum, ium based on a percentage of aetealthe Cost of the Work as more fully set forth in Amendment No. 1 . The Owner and Construction Manager acknowledge and agree that the Construction Manager" 's Feel shall not increase under the followin circumstances : 1 Direct Purchases b Owner ursu nt to the Direc1.t ;Purchase Procedures set forth in this Contract: and 2) Changes in the Work that are additive in na e• not due to the fault of the. Construction lylanager: and aggregate less than or ethefp> evisien fefdeter-faining e a ial to $500;000. The Owner and ConstructionManageF' s Fee, Manager acknowledge and explain how-agree th t the Construction l•4anager's,Mana 'er' s Fee is-on the increased Cost of the Work s all increase by one of the methods set forth in section 7 .3 .3 . 1 or section 7 . . 3 .3 of the A201TM--1997 as modified if there are Chanes in the Work that are. additive in nature: not due to the fault of the mak.) Construction Manager, and aggregate more than $500,000: § 5.2 GUARANTEED MAXIMUM PRICE § 5.2. 1 The sum of the Cost of the Work and the Construction Manager' s Fee are guaranteed by the Cons ction Manager not to exceed 'the amount provided in Amendment No. 1 , subject to additions and deductions by changes in the Work as provided in the Contract Documents: Such maximum sum as adjusted by approved changes it , the Work is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Construction Manager without reimbursement by the Owner. is to paFtieipaM in anY ;Yavb1g9-- ) § 5.3 CHANGES IN THE WORK § 5.3. 1 Adjustments to the Guaranteed Maximum Price on account of changes in the Work subsequent to the execution of Amendment No . 1 may be determined by any of the methods listed in Section 7 .3 . 3 of V947:A201TM-1997. as''modified. § 5.3.2 In calculating adjustments to subcontracts (except those awarded with the Owner' s prior written consent on the basis of cost plus a fee), the terms "cost" and " fee" as used in Section 7. 3 . 3 .3 of20 T�T7-A201Tm1997 as modified, and the terms " costs" and " a reasonable allowance for overhead and profit" as used in Section 7 . . 6 of A20ITm : 1 -997iA201TM- 1997 , as modified, shall have the meanings assigned to them in that document and shall not be modified by this Article 5 . Adjustments to subcontracts awarded with the Owner' s prior written consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those subcontracts. § 5.3.3 In calculating adjustments to the Contract, the terms "cost" and "costs" as used in the above-referenced provisions of A2011M-1997A201Tm- 1997 , as modified, shall mean the Cost of the Work as defined in Arlicle 6 of AIA Document A121 TMCMc — 2003 and AGC Document 565. Copyright ® 1991 and 2003 by The American Institute of Architects and The Associated General Contractors of America All rights reserved. WARNING : This document Is protected by U.S. Copyright Law and International Treaties. 12 Unauthorized reproduction or distribution of this document, or any portion of it, may result In severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:50:12 on 04/19/2005 under Order No. 1000126313_1 which expires on 6/29/2005, and is not for resale. User Notes: ( 1413727908) C