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A In taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons and property, as provided in Section 10 . 6 of A201TM� .A201TM- 1997, as modified. .2 in fepai inn of eeFfeeting damaged or- LLoneenfer- ing Work exeeuted by the ('OHntF. . ..60H Tif.. .. . ger suppliers , « fe -.. fig UU..rk of a sed by the .. gligenee or- failure to fulfill ., .. : F. .. .- .. ib lits t.. 11VLLVVLL1Vlllllllb ♦ V1111) LLJ 11Va arY44JV4 V�-GL Manager,the Owner- set forth ift this agreement ef the Constfuetion Manager of the Gensty-uction Dolanager-' s of the Constfuction adequately the Work of the Subeentfaetors or suppliers, and only to the eyclient that thea, enost of Y-epai § 6 . 1 .9 The costs described in Sections 6 . 1 . 1 through 6 . 1 . 8 shall be included in the Cost of the Work notwithstanding any provision of AIA or A201TM�1997 A201TM- 1997 , as modified, other Conditions of the Contract which may require the Construction Manager to pay such costs , unless such costs are excluded by the provisions of Section 6 . 2 . § 6 .2 COSTS NOT TO BE REIMBURSED § 6.2. 1 The Cost of the Work shall not include : . 1 Salaries and other compensation of the Construction Manager' s personnel stationed at the Construction Manager ' s principal office or offices other than the site office, except as specifically provided in Sections 6 . 1 . 2. 2 and 6 . 1 . 2 . 3 . .2 Expenses of the Construction Manager ' s principal office and offices other than the site office, except as specifically provided in Section 6. 1 . .3 Overhead and general expenses , except as may be expressly included in Section 6 . 1 . .4 The Construction Manager ' s capital expenses , including interest on the Construction Manager ' s capital employed for the Work. .5 Rental costs of machinery and equipment, except as specifically provided in Section 6 . 1 . 5 . 2 . .6 Exeep�as ded in Section 6 . 1 . 8 .2, ee ts Costs due to the negligence of the Construction Manager or to the failure of the Construction Manger to fulfill a specific responsibility to the Owner set forth in this Agreement. .7 Costs incurred in the performance of Preconstruction Phase Services . . 8 Except as provided in Section 6 . 1 . 7 . 1 , any cost not specifically and expressly described in Section 6 . 1 . .9 Costs which would cause the Guaranteed Maximum Price to be exceeded . § 6 .3 DISCOUNTS, REBATES AND REFUNDS § 6 .3 . 1 Cash discounts obtained on payments .nage by and other cost savings available to the Construction Manager shall accrue to the Owner if ( 1 ) before making the payment, the Construction Manager =neluded them in an Applioation for- Payment a has received payment therefor from the Owner during the Owner-, cash discount period and in sufficient time for the Construction Manager to obtain such discounts , or (2) the Owner has deposited funds with the Construction Manager with which to make payments ; otherwise , cash discounts shall accrue to the Construction Manager. Trade discounts, rebates , refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Construction Manager shall make provisions so that they can be secured . § 6 .3 .2 Amounts which accrue to the Owner in accordance with the provisions of Section 6. 3 . 1 shall be credited to the Owner as a deduction from the Cost of the Work. § 6.4 ACCOUNTING RECORDS § 6.4. 1 The Construction Manager shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Contract; the accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner ' s accountants shall be afforded access to the Construction Manager' s records , books, correspondence, instructions, drawings, receipts, subcontracts , purchase orders, vouchers, memoranda and other data relating to this Project, and the Construction Manager shall preserve these for a period of three years after final payment, or for such longer period as may be required by law . AIA Document A121n"CAAc — 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. 15 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)