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business,( U-suFy laws and requir-entent-s undeic the Feder-al Tfbith in Lending Aet; similar- state and leeal eensumer- credit laws elsewheFe may affieef the ialid4y of this tor-evisien. Legal adviee should be obtained with F�speet fe deletions a 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 Owner shall pay the Construction Manager in eu f fent funds -the Contract Sum consisting of the Cost of the Work as defined in Article 7-6 and the Construction Manager' s Fee determined as follows : (State To be determined as a lump srim7,-sum based on a percentage of aeteal the 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 Fee shall not increase under the following circumstances : 1 ) Direct Purchases by Owner pursuant to the Direct Purchase Procedures set forth in this Contract; and 2) Changes in the Work that are additive in nature ; not due to the fault of the Construction Manager; and aggregate less than or qual to $250,000. The Owner and Construction Manager-' s Fee, Manager acknowledge and explain ho :ra reg a that the Construction Manager's-Manager' s Fee is-on the increased Cost of the Work shall increase by one of the methods set forth in section 7 . 3 .3 . 1 or section 7 . 3 . 3 . 3 of the A201TM- 1997 , as modified, if there are Changes in the Work that are additive in nature ; not due to the fault of the Construction Manager, and aggregate more than $250,000 . The Construction Manager ' s Fee will not be adjusted for ehanges in decreased by deductive change orders due to the `x�Owner ' s direct purchase of materials . § 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 Construction 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 in 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. § 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 A2011m 4997-.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 of A.291Tm 1199. 7 A201TM- 1997 , as modified, and the terms " costs " and " a reasonable allowance for overhead and profit" as used in Section 7 . 3 . 6 of A-2011m - 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 A?91TMM 1997 A201TM- 1997 , as modified, shall mean the Cost of the Work as defined in Article 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. 2 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 17 :00 :26 on 05/25/2005 under Order No. 1000126313_1 which expires on 6/29/2005, and is not for resale. User Notes : (3163795107)