Common use of COSTS NOT INCLUDED IN THE COST OF THE WORK Clause in Contracts

COSTS NOT INCLUDED IN THE COST OF THE WORK. 21.4.1 The Cost of the Work will not include: 21.4.1.1 Salaries and other compensation of the Design-Builder’s personnel stationed at the Design-Builder’s principal office or offices other than the site office, except as specifically provided in Paragraphs 21.3.1.1.1 thru 21.3.1.1.4. 21.4.1.2 Expenses of the Design-Builder’s principal office and offices other than the Project site office except as specifically provided in Paragraph 21.3. 21.4.1.3 Overhead and general expenses, except as may be expressly included in this Article 21. 21.4.1.4 The Design-Builder’s capital expenses, including interest on the Design- Builder’s capital employed for the Work. 21.4.1.5 Rental costs of machinery and equipment, except as specifically provided in Paragraph 21.3.2. 21.4.1.6 Costs incurred in the performance of the Part 1 Contract. 21.4.1.7 Costs which would cause the GMP Contract Sum to be exceeded. 21.4.1.8 Interest payments of any kind. 21.4.1.9 The cost of defending suits or claims for royalties, licenses, infringement of patent or other intellectual property rights arising from requirements of the Contract Documents, payments made in accordance with legal judgments against the Design-Builder resulting from such suits or claims and payments of settlements made with the Owner’s consent. 21.4.1.10 Costs due to the negligence or failure of the Design-Builder, contractors, subcontractors or suppliers or any one directly or indirectly employed by any of them to fulfill a specific responsibility of the Design-Builder, contractors, subcontractors and suppliers or any one directly or indirectly employed by any of them for whose acts any of them may be liable. 21.4.1.11 Costs to repair or replace damaged or stolen material, equipment, temporary facilities and related items. 21.4.1.12 Bonuses and/or profit sharing for any employee of the Design-Builder. 21.4.1.13 Software and IT support, unless identified elsewhere in the GMP. 21.4.1.14 Costs associated with construction warranties. 21.4.1.15 Costs to remedy defective, rejected or nonconforming Work, materials or equipment. 21.4.1.16 Costs arising from Design-Builder’s contractual indemnification and defense obligations. 21.4.1.17 Liquidated or actual damages imposed by the Owner for failure to complete the Work in the Contract Time. 21.4.1.18 Attorney fees, expert witness fees and Costs incurred by the Design- Builder in any dispute with the Owner except as otherwise required by law.

COSTS NOT INCLUDED IN THE COST OF THE WORK. 21.4.1 The Cost of the Work will not include: 21.4.1.1 Salaries and other compensation of the Design-Builder’s personnel stationed at the Design-Builder’s principal office or offices other than the site office, except as specifically provided in Paragraphs 21.3.1.1.1 thru 21.3.1.1.4. 21.4.1.2 Expenses of the Design-Builder’s principal office and offices other than the Project site office except as specifically provided in Paragraph 21.3. 21.4.1.3 Overhead and general expenses, except as may be expressly included in this Article 21. 21.4.1.4 The Design-Builder’s capital expenses, including interest on the Design- Builder’s capital employed for the Work. 21.4.1.5 Rental costs of machinery and equipment, except as specifically provided in Paragraph 21.3.2. 21.4.1.6 Costs incurred in the performance of the Part 1 Contract. 21.4.1.7 Costs which would cause the GMP Contract Sum to be exceeded. 21.4.1.8 Interest payments of any kind. 21.4.1.9 The cost of defending suits or claims for royalties, licenses, infringement of patent or other intellectual property rights arising from requirements of the Contract Documents, payments made in accordance with legal judgments against the Design-Builder resulting from such suits or claims and payments of settlements made with the Owner’s consent. 21.4.1.10 Costs due to the negligence or failure of the Design-Builder, contractors, subcontractors or suppliers or any one directly or indirectly employed by any of them to fulfill a specific responsibility of the Design-Builder, contractors, subcontractors and suppliers or any one directly or indirectly employed by any of them for whose acts any of them may be liable. 21.4.1.11 Costs to repair or replace damaged or stolen material, equipment, temporary facilities and related items. 21.4.1.12 Bonuses and/or profit sharing for any employee of the Design-Builder. 21.4.1.13 21.4.1.12 Software and IT support, unless identified elsewhere in the GMP. 21.4.1.14 21.4.1.13 Costs associated with construction warranties. 21.4.1.15 21.4.1.14 Costs to remedy defective, rejected or nonconforming Work, materials or equipment. 21.4.1.16 21.4.1.15 Costs arising from Design-Builder’s contractual indemnification and defense obligations. 21.4.1.17 21.4.1.16 Liquidated or actual damages imposed by the Owner for failure to complete the Work in the Contract Time. 21.4.1.18 21.4.1.17 Attorney fees, expert witness fees and Costs incurred by the Design- Builder in any dispute with the Owner except as otherwise required by law.