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or failure to fulfill a specific responsibility by,the Construction Manager,and only to the extent that the cost of repair or
<br /> correction is not recovered by the Construction Manager from insurance, sureties, Subcontractors, suppliers,or others.
<br /> § 7.7.4 [Section purposely left blank].
<br /> § 7.7.5 Negotiated Support Services
<br /> Negotiated Support Services by the Construction Manager may be accomplished and will be reimbursed as Costs of the
<br /> Work within the GMP,consistent with Cost Responsibility Matrix Exhibit,only as follows:
<br /> .1 Negotiated Support Services described and included in the GMP.
<br /> .2 Units of Negotiated Support Services may be accomplished by the Construction Manager during the
<br /> Construction Phase, subject to prior written Owner approval,if the Cost of the unit of the Work is less
<br /> than$35,000.
<br /> .3 Subcontractor bidding requirements are not applicable to Negotiated Support Services.
<br /> § 7.7.6 Specified General Conditions
<br /> The fixed, lump sum contained in the Construction Manager's response to the RFP for certain identified general
<br /> conditions Work and services,consistent with the Cost Responsibility Matrix Exhibit,to be provided by the
<br /> Construction Manager as Specified General Conditions.The Specified General Conditions Work is to be performed by
<br /> the Construction Manager with its own forces in most instances and also includes any Preconstruction Services and
<br /> activities that occur after the GMP is established through execution of the GMP Amendment.
<br /> § 7.8 Related Party Transactions
<br /> § 7.8.1 For purposes of this Section 7.8,the term"related party"shall mean(1)a parent,subsidiary,affiliate,or other
<br /> entity having common ownership of,or sharing common management with,the Construction Manager;(2)any entity in
<br /> which any stockholder in,or management employee of,the Construction Manager holds an equity interest in excess of
<br /> ten percent in the aggregate;(3)any entity which has the right to control the business or affairs of the Construction
<br /> Manager;or(4)any person,or any member of the immediate family of any person,who has the right to control the
<br /> business or affairs of the Construction Manager.
<br /> § 7.8.2 If any of the costs to be reimbursed arise from a transaction between the Construction Manager and a related
<br /> party,the Construction Manager shall notify the Owner of the specific nature of the contemplated transaction, including
<br /> the identity of the related party and the anticipated cost to be incurred,before any such transaction is consummated or
<br /> cost incurred.If the Owner,after such notification,authorizes the proposed transaction in writing,then the cost incurred
<br /> shall be included as a cost to be reimbursed,and the Construction Manager shall procure the Work,equipment,goods,
<br /> or service,from the related party,as a Subcontractor,according to the terms of Article 9.If the Owner fails to authorize
<br /> the transaction in writing,the Construction Manager shall procure the Work,equipment,goods,or service from some
<br /> person or entity other than a related party according to the terms of Article 9.
<br /> § 7.9 Costs Not To Be Reimbursed
<br /> § 7.9.1 The Cost of the Work shall not include the items listed below,as all such items are covered by the Construction
<br /> Manager's Fee or are at the Construction Manager's risk:
<br /> .1 Salaries and other compensation of the Construction Manager's personnel stationed at the Construction
<br /> Manager's principal office or offices other than the site office,except as specifically provided in Section
<br /> 7.2.1,or as may be provided in Article 11;
<br /> .2 Expenses of the Construction Manager's principal office and offices other than the site office;
<br /> .3 Overhead and general expenses,except as may be expressly included in Sections 7.1 to 7.7;
<br /> .4 The Construction Manager's capital expenses,including interest on the Construction Manager's capital
<br /> employed for the Work;
<br /> .5 Except as provided in Section 7.7.3 of this Agreement,costs due to the negligence or failure of the
<br /> Construction Manager, Subcontractors of any tier and suppliers or anyone directly or indirectly employed
<br /> by any of them or for whose acts any of them may be liable to fulfill a specific responsibility of the
<br /> Contract;
<br /> .6 Any cost not specifically and expressly described in Sections 7.1 to 7.7;
<br /> .7 Costs,other than costs included in Change Orders approved by the Owner,that would cause the Guaranteed
<br /> Maximum Price to be exceeded;
<br /> .8 Costs for services incurred during the Preconstruction Phase except as specifically allowed herein;
<br /> AIA Document A133' - 2019. Copyright O 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The
<br /> "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used 24
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