Common use of Emergency Costs Clause in Contracts

Emergency Costs. Any and all costs incurred due to an emergency affecting the safety of persons or property and related to the performance of the Work. Other. Other costs approved in advance by the Owner. Limitations on the Cost of the Work. All costs not identified in Articles 4.4.2 and 4.4.3 shall be considered a part of the CM/GC’s Fee. Without limiting the effect of the foregoing, the following items are specifically excluded from the Cost of the Work: Rental Rates. Rental costs of machinery and equipment, except as specifically provided in Articles 4.4.2 and 4.4.3, above, and as limited herein. The Owner will in no event consider a rental rate in excess of 80% of the rate set forth in the latest edition of the "Compilation of Nationally Averaged Rental Rates for Construction Equipment" of the Associated Equipment Distributors unless the rates proposed in excess of 80% are supported by proof satisfactory to the Owner that the excess rates are reasonable, the decision of the Owner to be final, binding and conclusive on all parties. Rental rates shall be payable only for the actual time the equipment is required on the site in the reasonable opinion of the Design Professional whose decision in this respect shall be final, binding and conclusive on all parties.