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i i� 4 11.4.3.6, tosses and damages clod related exPenxexi ,,used by darnMe to ttte Work. 'not Compensated by insurar+cc of oa erwtte. su"ned by CONTRACTOR in connection With the Perfornunce and fumishh4 of the ,Work (..CC -pt loss- and damascs within the dedueublc amounts or properly, insartnsc established by OWNER in accordance with pzrgqraph 3.91. provkkd they have fr- suited from torics other Itimn the ocgligerncc of CON. Tp,4j R.. any Subcna:raetor, or anyone dirtuly of lndireuly canplvyed by any of them or for w+.= acts any of them may be liable. Such trues :hall irscludc nestle• ments rru& with the written consent and approval of OWNER. No such losses. damages and ext+craft shalt lx included' in the Gose of tree Work for tine purgmt of detetminini CONTRAtOR,% fre. 1f. however. anv such Lou or dwra Pe rcquiras recxxsstnsctiot and CON`fiRAC- TORii Pfd in chtarp them*(. CotfMACT'OR t" be paid for Soviets a fee propotiorsste to " stated in paragraph 11.62 11.4 3.7. The cost of utilities= fuel and sanitary facia.• tics at the tile. 11.4.5.5. htiswr caprrtxex such as ttkgs'urd. bog die Lance telephone calls. telephone service at the Sim elk- Pmssw and similar petty cash items in connection, with the Work. or additional 11.4.3.9. Costo cc asst or chances i the Wort -s SM surstncc tsqui t 1.5. The term Cosi of the Work sFulI not include any or the following: 11.5.1. Payroll costs and ocher compensation of CON- T'RACIOR,% officers. exex:utivcs, paineipals cur partnership and sole ptvprictorxhipxl, general nwiagcrs, cnylneen. u• chitccu• cstim wrx. uwnaays= auditors. accountants, pur- chasing and contracting agents. expe1hen. Limckee cis• clerics and other ptrsannet employed by CONTRACTOR whether a the site or in CpNTRACTIOR=s principal or a O AIV;;L UII Ii+�- iVi. Cw inw_ w++ru..«s.rra+v,. r.... specificstly included in the agreed upon seheduk of lab elassifs dorgs refened to in paragraph 11.4A or soccificallY coveted by paralnPh 11.4.4—ma11 of which are to be consid- ered adminisu`ative casts covened by the C;ONI7RACTOR"s fee. t t �3. Costs due to the negligence of CONTRAuCTOR= any Subcontractor. of anyone dirml•v or indirectly em ployed by any of them of for whose acts any of them may be Gable_ including but not Waited for the Correction of d(fecdw Work. disposal of materials or equiprfrcnt wTocgJy supplied and making good any UrroL a to Prn'perty= other overixad or lrcneral ciperue coosis esprfusly rneJudcd the costs of any item na spelt . in pang"Ph 11.4. Il,fi. T.he CONTRACMR's fa alkr*vd to CONTRAC TOR for overt,esd and prufu shall tae detcrmiXxd ax follows: 11 5 "• Gxpcnses of CONTTRAC"[OR's principal and branch offices ether than CONTIRACfC1R's office at the site, 11.5,3. Any pzrt orCONTRACTOR's capita expenses. itis Work nand chug ss Against C N -IT ACTOR (of dcl nr qucnt payments, 11.5.4• Cost of premiums for att [fonds and for all insurance whether or not CONT'RACTIOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparatrtplr 11.4.5.4 abovel. 11AJ. a rnsatuany [r—ptzbk hoed for or t AZ if ■ ftaed Pet is otic afroed trpan. then a fee basal otr the farw."g W=,Usca of the twim x Pon— of the Cass a: the VA",I 11.6.2.1. for costs ir-m-d (nsdtr W Phs 11.4,1 and 11.43,. the CONTRAMR's fee shall be Artcut ptrcent: for eons, incurted under parwnh 11.4.]= the CONTRACTOR'S fee dull be fie pertxnt: 11.6 7. wtx re orae or marc tiers or wbwniraeu arc on the basis of Cost Cf the W*k plus a roc ala no fixod (cc is t;,cd wo- the intent or p:rsRraphs 1"'1, 11.41' 11.43 and 11.62 is !host the Subeonrractar who acually Performs a furnishes the Worse, as whatever tier, wc7l be paid a fee of firtom percent of the costs incaured by such Sub^.onti-40,Or under partsgraphs 11.4.1 and 11.42 and that any higher tier 5ubaontracwr and CONTRACTOR will each be paid a foe of five percent orthe artw.nmt lurid to the next lower tier Subcoritra JUG 11.6 Z R, "*fee shall be payable on rise basis of wsu itemised under p 'hS 11.4.4.11.4-5 and It 3: the arzwunt of credit to bc. allowed by R -V n= TRACTOR to OWtiER for any changt which results in a net decrease in coo wcil be the amount of the scutal net decrease in cost plus a deduction in COir'1'RAC i W1 fee by an amount equal to five percent of such net dc -25c' - art d c-25ctand 11.6.^_.5. when both additions wtd c_diu _involved in any one change, the adjustrrasnt in CONT'RAC Mea 's fee shall be computed on ttac basis of the net Changctin accordance with paragraphs 11.6.2.1 through 11.63.5= inclusive. ed 1t.7. Whenever the cost of any Work is to lac dcLenR it pursuant to pax MILS I LA and 11.5. CONTFRACIO with establish and maintain records thereof in accortlsstce generally aeeepted accounting prat and submit in Porro acceptable to EN(3114ER-an itemized cost brC: kd0wn so= gcther with sulPOOing data. 00700-35