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.9 Direct payments by the Owner(if any)for the building permit and related permits,reserve capacity fees,
<br /> and plan-check fees, including SEPA,design review,and land use fees are not a part of the Cost of the
<br /> Work or the GMP;
<br /> .10 Overtime wages,unless preapproved by the Owner;
<br /> .11 Main or home office accounting,data processing,software,hardware or computer-related costs not
<br /> included in the Specified General Conditions;
<br /> .12 Penalties and fines imposed by a governmental entity;
<br /> .13 Safety costs not included in the Negotiated Support Services or Specified General Conditions;
<br /> .14 Liquidated damages;
<br /> .15 Except as included within the Specified General Conditions or as allowed under Section 7.1 through 7.7,
<br /> reproduction costs,costs of telegrams,facsimile transmissions and long-distance telephone calls,postage
<br /> and express delivery charges,telephone at the site and reasonable petty cash expenses of the site office;
<br /> .16 Legal,consultant,or claims-related expenses;
<br /> .17 Warehousing in the Construction Manager's facility;and
<br /> .18 Business licenses.
<br /> ARTICLE 8 DISCOUNTS, REBATES, AND REFUNDS
<br /> § 8.1 Trade discounts,rebates,refunds and amounts received from sales of surplus materials and equipment shall accrue
<br /> to the Owner,and the Construction Manager shall make provisions so that they can be obtained.If the Construction
<br /> Manager is offered discounts and/or rebates based upon prompt payment,the Construction Manager shall offer the
<br /> Owner the opportunity to take advantage of such discount and/or rebate,and if the Owner makes such a prompt
<br /> payment then the Owner shall only be charged the price as reduced by the discount and/or rebate.If the Owner declines
<br /> the opportunity,the Construction Manager may keep any such discounts and/or rebates it achieves through its own
<br /> prompt payment.If the Construction Manager does not provide the Owner the opportunity to participate,then the
<br /> Construction Manager may only charge the net costs after consideration of discounts and rebates. The Construction
<br /> Manager shall notify the Owner in a timely manner of the availability of such cash discounts,rebates,or refunds
<br /> § 8.2 Amounts that accrue to the Owner in accordance with the provisions of Section 8.1 shall be credited to the Owner
<br /> as a deduction from the Cost of the Work.
<br /> ARTICLE 9 [Article purposely left blank].
<br /> ARTICLE 10 ACCOUNTING RECORDS
<br /> The Construction Manager and any cost-reimbursable Subcontractors shall keep full and detailed records and accounts
<br /> related to the Cost of the Work,and exercise such controls,as may be necessary for proper financial management under
<br /> this Contract and to substantiate all costs incurred. This requirement also applies to any Subcontractor of any tier that
<br /> submits a Claim or submits costs for a proposed Change Order.The accounting and control systems shall be satisfactory
<br /> to the Owner.The Owner and the Owner's auditors shall,during regular business hours and upon reasonable notice,be
<br /> afforded access to,and shall be permitted to audit and copy,the Construction Manager's records and accounts,
<br /> including complete documentation supporting accounting entries,books,job cost reports,correspondence, instructions,
<br /> drawings,receipts,subcontracts, Subcontractor's proposals, Subcontractor's invoices,purchase orders,vouchers,
<br /> memoranda,and other data relating to this Contract.The Construction Manager shall preserve these records for a period
<br /> of six years after Final Acceptance, or for such longer period as may be required by law.The Construction Manager and
<br /> its Subcontractors shall preserve these records for a period of six years after Final Acceptance,or for such longer period
<br /> as may be required by law.
<br /> ARTICLE 11 PAYMENTS FOR CONSTRUCTION PHASE SERVICES
<br /> § 11.1 Progress Payments
<br /> § 11.1.1 Based upon Applications for Payment submitted in compliance with the Contract Documents to the Owner by
<br /> the Construction Manager,and Certificates for Payment issued by the Architect,the Owner shall make progress
<br /> payments on account of the Contract Sum,to the Construction Manager,as provided below and elsewhere in the
<br /> Contract Documents.The Construction Manager's submission of an Application for Payment constitutes a certification
<br /> that the Work represented is current on the Construction Schedule,unless otherwise noted on the Application.The
<br /> Application shall be in a form acceptable to the Owner.
<br /> § 11.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the
<br /> month,or as follows:
<br /> ALA Document A133- - 2019. Copyright © 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 25
<br /> without permission. This draft was produced by AIA software at 13:10:24 ET on 04/22/2021 under Order No.7856855196 which expires on
<br /> 05/01/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms
<br /> of Service. To report copyright violations, e-mail copyright@aia.org.
<br /> User Notes: (1279676012)
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