Common use of Costs Not To Be Reimbursed Clause in Contracts

Costs Not To Be Reimbursed. All costs not specifically listed in Section 9.1 as being within the Cost of the Work are excluded from the Cost of the Work and shall not be reimbursable. In particular, but without limitation, the Cost of the Work does not include any of the following: 9.3.1. Any personnel or labor costs other than those provided for in Section 9.1.3(a) or 9.2.1; 9.3.2. Fees for any permits or licenses the Design-Builder requires to conduct its general business operations; 9.3.3. Capital expenses and interest on capital employed for the Work; 9.3.4. Direct or indirect costs of any kind, except those expressly included in Section 9.1; 9.3.5. Sales or use taxes, unless the Design-Builder establishes that applicable law required payment of such taxes; 9.3.6. Costs due to the errors or omissions of the Design-Builder or its Subcontractors or suppliers at all tiers, negligent or otherwise; 9.3.7. Costs dues to breach of the Agreement by the Design-Builder or its Subcontractors or material suppliers at all tiers, including, without limitation, costs arising from defective or damaged Work or its correction, disposal of materials or equipment erroneously supplied, and repairs to property damaged by the Design-Builder or its Subcontractors or material suppliers at all tiers; 9.3.8. Any costs incurred in performing work of any kind before Notice to Proceed, unless specifically authorized by a duly authorized Contracting Officer of the Department in advance and in writing; 9.3.9. Except as provided in Section 9.1.10 of this Agreement, costs due to the errors or omissions of the Design-Builder or its Subcontractors or suppliers at all tiers, negligent or otherwise.

Costs Not To Be Reimbursed. All costs not specifically listed in Section 9.1 as being within the Cost of the Work are excluded from the Cost of the Work and shall not be reimbursable. In particular, but without limitation, the Cost of the Work does not include any of the following: 9.3.19.2.1. Any personnel or labor costs other than those provided for in Section 9.1.3(a) or 9.2.1; 9.3.29.2.2. Fees for any permits or licenses the Design-Builder Construction Manager requires to conduct its general business operations; 9.3.39.2.3. Capital expenses and interest on capital employed for the Work; 9.3.49.2.4. Direct or indirect costs of any kind, except those expressly included in Section 9.1; 9.3.59.2.5. Sales or use taxes, unless the Design-Builder Construction Manager establishes that applicable law required payment of such taxes; 9.3.69.2.6. Costs due to the errors or omissions of the Design-Builder Construction Manager or its Subcontractors or suppliers at all tiers, negligent or otherwise; 9.3.79.2.7. Costs dues to breach of the Agreement by the Design-Builder Construction Manager or its Subcontractors or material suppliers at all tiers, including, without limitation, costs arising from defective or damaged Work or its correction, disposal of materials or equipment erroneously supplied, and repairs to property damaged by the Design-Builder Construction Manager or its Subcontractors or material suppliers at all tiers; 9.3.89.2.8. Any costs incurred in performing work of any kind before Notice to Proceed, unless specifically authorized by a duly authorized Contracting Officer of the Department in advance and in writing; 9.3.99.2.9. The cost of home or regional offices, it being understood that compensation for such costs included in the Construction Management Fee and Award Fee; and 9.2.10. Except as provided in Section 9.1.10 of this Agreement, costs due to the errors or omissions of the Design-Builder Construction Manager or its Subcontractors or suppliers at all tiers, negligent or otherwise.

Costs Not To Be Reimbursed. All costs not specifically listed in Section 9.1 as being within the Cost of the Work are excluded from the Cost of the Work and shall not be reimbursable. In particular, but without limitation, the Cost of the Work does not include any of the following: 9.3.1. 9.3.1 Any personnel or labor costs other than those provided for in Section 9.1.3(a9.1.3 (a) or 9.2.1; 9.3.2. 9.3.2 Fees for any permits or licenses the Design-Builder requires to conduct its general business operations; 9.3.3. 9.3.3 Capital expenses and interest on capital employed for the Work; 9.3.4. 9.3.4 Direct or indirect costs of any kind, except those expressly included in Section 9.1; 9.3.5. 9.3.5 Sales or use taxes, unless the Design-Builder establishes that applicable law required payment of such taxes; 9.3.6. 9.3.6 Costs due to the errors or omissions of the Design-Builder or its Subcontractors or suppliers at all tiers, negligent or otherwise; 9.3.7. 9.3.7 Costs dues to breach of the Agreement by the Design-Builder or its Subcontractors or material suppliers at all tiers, including, without limitation, costs arising from defective or damaged Work or its correction, disposal of materials or equipment erroneously supplied, and repairs to property damaged by the Design-Builder or its Subcontractors or material suppliers at all tiers; 9.3.8. 9.3.8 Any costs incurred in performing work of any kind before Notice to Proceed, unless specifically authorized by a duly authorized Contracting Officer of the Department in advance and in writing; 9.3.9. 9.3.9 Except as provided in Section 9.1.10 of this Agreement, costs due to the errors or omissions of the Design-Builder or its Subcontractors or suppliers at all tiers, negligent or otherwise.

Costs Not To Be Reimbursed. All costs not specifically listed in Section 9.1 as being within the Cost of the Work are excluded from the Cost of the Work and shall not be reimbursable. In particular, but without limitation, the Cost of the Work does not include any of the following: 9.3.1. 9.3.1 Any personnel or labor costs other than those provided for in Section 9.1.3(a) or 9.2.1;or 9.3.2. 9.3.2 Fees for any permits or licenses the Design-Builder Construction Manager requires to conduct its general business operations;its 9.3.3. 9.3.3 Capital expenses and interest on capital employed for the Work; 9.3.4. 9.3.4 Direct or indirect costs of any kind, except those expressly included in Section 9.1;Section 9.3.5. 9.3.5 Sales or use taxes, unless the Design-Builder Construction Manager establishes that applicable law required payment of such taxes;applicable 9.3.6. 9.3.6 Costs due to the errors or omissions of the Design-Builder Construction Manager or its Subcontractors or suppliers at all tiers, negligent or otherwise; 9.3.7. 9.3.7 Costs dues to breach of the Agreement by the Design-Builder Construction Manager or its Subcontractors or material suppliers at all tiers, including, without limitation, costs arising from defective or damaged Work or its correction, disposal of materials or equipment erroneously supplied, and repairs to property damaged by the Design-Builder Construction Manager or its Subcontractors or material suppliers at all tiers; 9.3.8. 9.3.8 Any costs incurred in performing work of any kind before Notice to Proceed, unless specifically authorized by a duly authorized Contracting Officer of the Department in advance and in writing; 9.3.9. 9.3.9 The cost of home or regional offices, it being understood that compensation for such costs included in the Construction Management Fee and Award Fee; and 9.3.10 Except as provided in Section 9.1.10 of this Agreement, costs due to the errors or omissions of the Design-Builder Construction Manager or its Subcontractors or suppliers at all tiers, negligent or otherwise.