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aL �- Engineer, or is attributable to the Owner or the Architect -Engineer, the Contractor's Sole and Exclusive Remedy is an extension of the Construction Completion Date and payment of additional Construction Phase Fees and Overhead and Profit for Construction Phase as provided above. (2) Costs and Expenses Included in Fee The following are included in the Contractor's fee for services during the Construction Phase: (a) Salaries or other compensation of the Contractor's employees at his principal office and branch offices. The Contractor's personnel to be assigned during the Construction Phase, !heir duties and responsibilities to this Project and the duration of their assignments are shown on Exhibits 1 and J. (b) General operating expenses related to this Project of the Contractor's principal and branch offices. (c) The costs of all data processing staff. (d) Salaries or other compensation of the Contractor's employees at the job site. The Contractor's personnel to be assigned to the site during the Construction Phase under the job site management and supervision fee, their duties and responsibilities and the duration of their assignment are shown on Exhibit J. (e) General operating expenses incurred in the management and supervision of the Project, except as expressly included in Article 9. M Those services set forth in Article 2.4(9)(a). (g) Job office supplies to include paper, pencils, paper clips, file folders, staples, etc. and janitorial supplies (photo copy or blue print paper not included). (h) Relocation expenses for Contractor's personnel. 8.1.3 Overhead and Profit for Construction Phase For Overhead, Profit and general expenses of any kind, except as may be expressly included in Article 9, for services provided during and related to the Construction Phase, the fee shall be S TBD and shall be paid proportionately to the ratio of the cost of the work in place, excluding stored materials and less retainment (see Article 12. 1), as it bears on the latest estimate of the total Construction cost or to the GMP or to the Owner's Construction Budget, whichever is less. The balance of the fee shall be paid when construction of the Project is finally completed and occupancy of the Project accepted by the Owner. If construction is authorized only for a part of the Project, the fee paid shall be proportionate to the amount of work authorized by the Owner. The Contractor's exclusive remedy for any adjustments in the Overhead and Profit for Construction Phase Fee is provided in Article 8.1.2(1). ARTICLE 9 COST OF THE PROJECT 9.1 Definition The term Cost of the Project shall mean costs necessarily incurred in the Project during the Construction Phase for construction services and paid by the Contractor which are not included in the Construction Phase Fee. Such costs shall include the items set forth below in this Article. The Owner agrees to pay the Contractor for the Cost of the Project as defined in Article 9. Such payment shall be in addition to the Contractor's fees stipulated in Article 8. 9.2 Direct Cost Items (1) Wages paid for labor (as oppt�sed to wages paid to mancgement or supervisory personnel) in the direct employ of the Contractor in the performance of his work under Agreement, times a multiple of 5Q to cover fringe benefits and overhead. 19