Common use of General Conditions Costs Clause in Contracts

General Conditions Costs. (1) Attached as part of the Target Price Breakdown and Basis Documents (Part III of this Contract) is Contractor’s General Conditions Cost Itemization, which identifies each category of the Contractor’s “General Conditions Cost” component of the Cost of the Work as agreed upon between Princeton University and Contractor. Contractor shall not be entitled to reimbursement for any categories of costs that are generally considered in the construction industry to be “general conditions” costs unless they are identified on the General Conditions Cost Itemization included as part of the Target Price Breakdown and Basis Documents (Part III of the Contract) notwithstanding any other provision of the Contract Documents to the contrary that may otherwise allow for reimbursement of such or identifies such costs as a Cost of the Work, including, without limitation, Clause L4(a). (2) Notwithstanding anything in the Contract to the contrary, the Contractor expressly acknowledges and agrees that a material inducement for Princeton University to enter into this Contract, among other things, is the Contractor’s guarantee that the actual costs incurred for its General Conditions Costs shall not exceed the amount of $x,xxx,xxx as more fully detailed in the Target Price Breakdown and Basis Documents set forth in Part III and summarized in Article IV(a), and that all costs or expenses in excess of this amount shall be borne by the Contractor unless adjusted by an appropriate Change Order signed by Princeton University. See also Terms & Conditions Clause L4(b). Should Contractor seek an increase in the not to exceed amount of the General Conditions Cost set forth above, the Contractor, in making a Claim for an increase in the Target Price for alleged increased General Conditions Costs in connection with any alleged change in the Work or an alleged excusable delay or otherwise, shall submit a separate Change Order Request exclusively addressing General Conditions Costs and shall include supporting rationale for the Claim (in addition to complying with all requirements in the General Terms & Conditions). Change Order Requests addressing changes to the Work shall not intermingle costs or expenses for General Conditions Costs with other costs claimed with respect to any claimed change in the Work. The Contractor is not entitled to a mark-up for overhead/profit/fee assessed on any Claims or Change Orders for General Conditions Costs and such General Conditions Costs shall not be included in any calculations to establish or adjust the Contractor’s Fee in accordance with paragraph (c)(1) below.

Appears in 3 contracts

Samples: Cost Plus Fixed Fee Contract, Cost Plus Fixed Fee Contract, Construction Management Cost Plus Fixed Fee Contract

AutoNDA by SimpleDocs

General Conditions Costs. (1) Attached as part of the Target Price GMP Breakdown and Basis Documents (Part III of this Contract) is Contractor’s General Conditions Cost Itemization, which identifies each category of the Contractor’s “General Conditions Cost” component of the Cost of the Work as agreed upon between Princeton University and Contractor. Contractor shall not be entitled to reimbursement for any categories of costs that are generally considered in the construction industry to be “general conditions” costs unless they are identified on the General Conditions Cost Itemization included as part of the Target Price GMP Breakdown and Basis Documents (Part III of the Contract) notwithstanding any other provision of the Contract Documents to the contrary that may otherwise allow for reimbursement of such or identifies such costs as a Cost of the Work, including, without limitation, Clause L4(a). (2) Notwithstanding anything in the Contract to the contrary, the The Contractor expressly acknowledges and agrees that a material inducement for Princeton University to enter into this Contract, among other things, is the Contractor’s guarantee that the actual costs incurred for its General Conditions Costs shall not exceed the amount of $x,xxx,xxx as more fully detailed in the Target Price GMP Breakdown and Basis Documents set forth in Part III and summarized in Article IV(a), and that all costs or expenses in excess of this amount shall be borne by the Contractor unless adjusted by an appropriate Change Order signed by Princeton University. See also Terms & Conditions Clause L4(b). Should Contractor seek an increase in the not to not-to-exceed amount of the General Conditions Cost set forth above, the Contractor, in whether seeking usage of the Construction Contingency for such or making a Claim for an increase in the Target Price GMP for alleged increased General Conditions Costs in connection with any alleged change in the Work or an alleged excusable delay or otherwise, shall submit a separate Change Order Request exclusively addressing General Conditions Costs and shall include supporting rationale for the Claim (in addition to complying with all requirements in the General Terms & Conditions). Change Order Requests addressing changes to the Work shall not intermingle costs or expenses for General Conditions Costs with other costs claimed with respect to any claimed change in the WorkWork or the Contract. The Contractor is not entitled to a mark-up for overhead/profit/fee Fee assessed on any Claims or Change Orders for General Conditions Costs and such General Conditions Costs shall not be included in any calculations to establish or adjust the Contractor’s Fee in accordance with paragraph (c)(1) below.

Appears in 3 contracts

Samples: Construction Management GMP Contract, Construction Management GMP Contract, Construction Management GMP Contract

AutoNDA by SimpleDocs
Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!