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shall have the meanings assigned to them in AIA Document A201 - 1997 and shall not be modified by Articles 5, 7
<br /> and 8 of this Agreement. Adjustments to subcontracts awarded with the Owner's prior consent on the basis of cost
<br /> plus a fee shall be calculated in accordance with the terms of those subcontracts.
<br /> § 6.3 In calculating adjustments to the Guaranteed Maximum Price, the terms " cost" and "costs" as used in the
<br /> above-referenced provisions of AIA Document A201 - 1997 shall mean the Cost of the Work as defined in Article 7
<br /> of this Agreement and the terms "fee" and "a reasonable allowance for overhead and profit" shall mean the
<br /> Contractor' s Fee as defined in Section 5. 1 .2 of this Agreement.
<br /> § 6.41f no specific provision is made in Section 5. 1 for adjustment of the Contractor's Fee in the case of changes in
<br /> the Work, or if the extent of such changes is such, in the aggregate, that application of the adjustment provisions of
<br /> Section 5 . 1 will cause substantial inequity to the Owner or Contractor, the Contractor' s Fee shall be equitably
<br /> adjusted on the basis of the Fee established for the original Work, and the Guaranteed Maximum Price shall be
<br /> adjusted accordingly.
<br /> ARTICLE 7 COSTS TO BE REIMBURSED
<br /> § 7.1 COST OF THE WORK
<br /> The term Cost of the Work shall mean costs necessarily incurred by the Contractor in the proper performance of the
<br /> Work. Such costs shall be at rates not higher than the standard paid at the place of the Project except with prior
<br /> consent of the Owner. The Cost of the Work shall include only the items set forth in this Article 7-
<br /> § 7.2 LABOR COSTS
<br /> § 7.2.1 Wages of construction workers directly employed by the Contractor to perform the construction of the Work
<br /> at the site or, with the Owner' s approval, at off-site workshops.
<br /> § 7.2.2 Wages or salaries of the Contractor' s supervisory and administrative personnel when stationed at the site with
<br /> the Owner' s approval.
<br /> (If it is intended that the wages or salaries of certain personnel stationed at the Contractor 's principal or other
<br /> offices shall be included in the Cost of the Work, identify in Article 14 the personnel to be included and whether for
<br /> all or only part of their time, and the rates at which their time will be charged to the Work.)
<br /> § 7.2.3 Wages and salaries of the Contractor' s supervisory or administrative personnel engaged, at factories,
<br /> workshops or on the road, in expediting the production or transportation of materials or equipment required for the
<br /> Work, but only for that portion of their time required for the Work.
<br /> § 7.2.4 Costs paid or incurred by the Contractor for taxes, insurance, contributions, assessments and benefits required
<br /> by law or collective bargaining agreements and, for personnel not covered by such agreements, customary benefits
<br /> such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such costs are based on
<br /> wages and salaries included in the Cost of the Work under Sections 7 .2. 1 through 7.2.3.
<br /> § 7.3 SUBCONTRACT COSTS
<br /> § 7.3.1 Payments made by the Contractor to Subcontractors in accordance with the requirements of the subcontracts.
<br /> § 7.4 COSTS OF MATERIALS AND EQUIPMENT INCORPORATED IN THE COMPLETED CONSTRUCTION
<br /> § 7.4.1 Costs, including transportation and storage, of materials and equipment incorporated or to be incorporated in
<br /> the completed construction.
<br /> § 7.4.2 Costs of materials described in the preceding Section 7.4. 1 in excess of those actually installed to allow for
<br /> reasonable waste and spoilage. Unused excess materials, if any, shall become the Owner' s property at the
<br /> completion of the Work or, at the Owner' s option, shall be sold by the Contractor. Any amounts realized from such
<br /> sales shall be credited to the Owner as a deduction from the Cost of the Work.
<br /> § 7.5 COSTS OF OTHER MATERIALS AND EQUIPMENT, TEMPORARY FACILITIES AND RELATED ITEMS
<br /> § 7.5.1 Costs, including transportation and storage, installation, maintenance, dismantling and removal of materials,
<br /> supplies, temporary facilities, machinery, equipment, and hand tools not customarily owned by construction
<br /> workers, that are provided by the Contractor at the site and fully consumed in the performance of the Work; and cost
<br /> AIA Document All for — 1997. Copyright 0 1920, 1925, 1951 , 1958, 1961 . 1963, 1967, 1974, 1978, 1987 and 1997 by The American Institute of Architects.
<br /> All rights reserved. WARNING: This AIA" Document is protected by U .S. Copyright Law and International Treaties. Unauthorized reproduction or 4
<br /> distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum
<br /> extent possible under the law. This document was produced by AIA software at 10:41 :42 on 12128/2007 under Order No.1000304448_1 which expires on
<br /> 5129/2008, and is not for resale.
<br /> User Notes (4283860081 )
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