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.2 Rental charges for temporary facilities, machinery, equipment and hand tools not customarily owned by the construction workers , which are provided by the Construction Manager at the site, whether rented from the Construction Manager or others , and costs of transportation, installation, minor repairs and replacements , dismantling and removal thereof. Rates and quantities of equipment rented shall be subject to the Owner ' s prior written approval . .3 Costs of removal of debris from the site . .4 Reproduction costs, costs of telegrams, facsimile transmissions and long-distance telephone calls , postage and express delivery charges, telephone at the site and necessary and reasonable petty cash expenses of the site office. .5 That portion of the necessary and reasonable travel and subsistence expenses of the Construction Manager' s personnel incurred while traveling in discharge of duties connected with the WeEk-.Work limited as set forth in Florida Statutes, section 112 .061 and further provided that no mileage shall be charged for travel within Indian River County . § 6 . 1 . 6 MISCELLANEOUS COSTS . 1 That portion directly attributable to this Contract of premiums for insurance and ben&. -bond, provided however, that foregoing costs shall not be included in calculation of the Cost of the Work for the purpose of the amount of the bonds s . (If charges for self- insurance are to be included, specify the basis of reimbursement. ) .2 Sales, use or similar taxes imposed by a governmental authority which are related to the Work and for which the Construction Manager is hable-. liable, subject to the Owner' s use of Direct Purchase Procedures set forth in the Contract Documents . .3 Fees and assessments for the building permit and €o" ther permits , licenses and inspections for which the Construction Manager is required by the Contract Documents to pay . .4 Fees of testing laboratories for tests required by the Contract Documents, except those related to nonconforming Work. .5 Royalties and license fees paid for the use of a particular design, process or product required by the Contract Documents ; the necessary and reasonable cost of defending suits or claims for infringement of patent or other intellectual property rights arising from such requirement by the Contract Documents ; payments made in accordance with legal judgments against the Construction Manager resulting from such suits or claims and payments of settlements made with the Owner' s written consent; provided, however, that such costs of legal defenses , judgment and settlements shall not be included in the calculation of the Construction Manager' s Fee or the Guaranteed Maximum Price and provided that such royalties, fees and costs are not excluded by the last sentence of Section 3 . 17 . 1 of A201TM 199TA201TM- 1997, as modified, or other provisions of the Contract Documents . .6 Data processing costs directly related to the Work. .7 Deposits lost for causes other than the Construction Manager' s negligence or failure to fulfill a specific responsibility to the Owner set forth in this Agreement. .8 Legal;Le ag 1 and mediationcosts, other than those arising from disputes between the Owner and Construction Manager, reasonably incurred by the Construction Manager in the performance of the Work and with the Owner' s rior written permission, which permission shall not be unreasonably withheld . .9 Expenses incurred in accordance with Construction Manager' s standard personnel policy for actual relocation and temporary living allowances of personnel required for the Work, in case it is necessary to relocate such personnel from distant locations . locations, if approved in writing by the Owner in advance . § 6. 1 .7 OTHER COSTS . 1 Other costs incurred in the performance of the Work if and to the extent approved in advance in writing by the Owner. § 6 . 1 .8 EMERGENCIES AND REPAIRS TO DAMAGED OR NONCONFORMING WORK The Cost of the Work shall also include costs described in Section 6 . 1 . twhich are incurred by the Construction Manager: 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. 4 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. 1 0001 26313_1 which expires on 6/29/2005, and is not for resale. User Notes: (3163795107)