Common use of Miscellaneous Costs Clause in Contracts

Miscellaneous Costs. a. That portion of any separate premiums for (i) bonds directly attributable to the Contract, and (ii) any additional insurance coverages which are purchased by Construction Contractor, with Owner’s prior written approval, beyond the level of coverage specified herein. b. Sales, use or similar taxes imposed by a governmental authority which are related to the Work and for which Construction Contractor is liable. c. Fees and assessments for the building permit and for other permits, licenses and inspections for which Construction Contractor is required by the Contract Documents to pay. d. Fees of testing laboratories for tests required by the Contract Documents, except those related to defective or nonconforming Work for which reimbursement is excluded pursuant to the terms of the Contract. e. Royalties and license fees paid for the use of a particular design, process or product required by the Contract Documents. f. Deposits lost for causes other than Construction Contractor’s fault or negligence. g. Legal, mediation and arbitration costs, other than those arising from disputes between Owner and Construction Contractor, reasonably incurred by Construction Contractor in performance of the Work and with Owner’s prior written consent, said consent to be given or denied in Owner’s sole discretion. h. Costs reasonably incurred in repairing or correcting damage or nonconforming Work executed by Construction Contractor, or its subcontractors or suppliers, provided that such damage or nonconforming Work was not caused by (i) the negligence or failure to fulfill a specific responsibility of Construction Contractor to Owner set forth in the Contract Documents, or (ii) Construction Contractor’s foremen, engineers, superintendents or other supervisory, administrative or managerial personnel, or (iii) the failure of Construction Contractor’s personnel to supervise adequately those portions of the Work to be performed by Construction Contractor’s subcontractors or suppliers, and only to the extent that the cost of repair or correction is not recoverable by Construction Contractor from (i) insurance or bonds, (ii) any of the subcontractors or suppliers, or (iii) some other appropriate source.

Appears in 11 contracts

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

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Miscellaneous Costs. a. That portion of any separate premiums for (i) bonds directly attributable to the Contract, this Contract and (ii) any additional insurance coverages which are purchased by Construction Contractor, with Owner’s prior written approval, beyond the level of coverage specified herein. b. Sales, use or similar taxes imposed by a governmental authority which are related to the Work and for which Construction Contractor is liable. c. Fees and assessments for the building permit and for other permits, licenses and inspections for which Construction Contractor is required by the Contract Documents to pay. d. Fees of testing laboratories for tests required by the Contract Documents, except those related to defective or nonconforming Work for which reimbursement is excluded pursuant to the terms of the this Contract. e. Royalties and license fees paid for the use of a particular design, process or product required by the Contract Documents. f. Deposits lost for causes other than Construction Contractor’s fault or negligence. g. Legal, mediation and arbitration costs, other than those arising from disputes between Owner and Construction Contractor, reasonably incurred by Construction Contractor in performance of the Work and with Owner’s prior written consent, said consent to be given or denied in Owner’s sole discretion. h. Costs reasonably incurred in repairing or correcting damage or nonconforming Work executed by Construction Contractor, or its subcontractors or suppliers, provided that such damage or nonconforming Work was not caused by (i) the negligence or failure to fulfill a specific responsibility of Construction Contractor to Owner set forth in the Contract Documents, or (ii) Construction Contractor’s foremen, engineers, superintendents or other supervisory, administrative or managerial personnel, or (iii) the failure of Construction Contractor’s personnel to supervise adequately those portions of the Work to be performed by Construction Contractor’s subcontractors or suppliers, and only to the extent that the cost of repair or correction is not recoverable by Construction Contractor from (i) insurance or bonds, (ii) any of the subcontractors or suppliers, or (iii) some other appropriate source.

Appears in 6 contracts

Samples: Construction Management Services Agreement, Project Construction Management Contract, Project Construction Management Contract

Miscellaneous Costs. a. That portion of any separate premiums for (i) bonds directly attributable to the this Contract, and (ii) any additional insurance coverages which are purchased by Construction Contractor, with Owner’s prior written approval, beyond the level of coverage specified herein. b. Sales, use or similar taxes imposed by a governmental authority which are related to the Work and for which Construction Contractor is liable. c. Fees and assessments for the building permit and for other permits, licenses and inspections for which Construction Contractor is required by the Contract Documents to pay. d. Fees of testing laboratories for tests required by the Contract Documents, except those related to defective or nonconforming Work for which reimbursement is excluded pursuant to the terms of the this Contract. e. Royalties and license fees paid for the use of a particular design, process or product required by the Contract Documents. f. Deposits lost for causes other than Construction Contractor’s fault or negligence. g. Legal, mediation and arbitration costs, other than those arising from disputes between Owner and Construction Contractor, reasonably incurred by Construction Contractor in performance of the Work and with Owner’s prior written consent, said consent to be given or denied in Owner’s sole discretion. h. Costs reasonably incurred in repairing or correcting damage or nonconforming Work executed by Construction Contractor, or its subcontractors or suppliers, provided that such damage or nonconforming Work was not caused by (i) the negligence or failure to fulfill a specific responsibility of Construction Contractor to Owner set forth in the Contract Documents, or (ii) Construction Contractor’s foremen, engineers, superintendents or other supervisory, administrative or managerial personnel, or (iii) the failure of Construction Contractor’s personnel to supervise adequately those portions of the Work to be performed by Construction Contractor’s subcontractors or suppliers, and only to the extent that the cost of repair or correction is not recoverable by Construction Contractor from (i) insurance or bonds, (ii) any of the subcontractors or suppliers, or (iii) some other appropriate source.

Appears in 2 contracts

Samples: Construction Management Contract, Construction Management Contract

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Miscellaneous Costs. a. That portion of any separate premiums for (i) bonds directly attributable to the Contract, and (ii) any additional insurance coverages which are purchased by Construction Contractor, with Owner’s prior written approval, beyond the level of coverage specified herein. b. Sales, use or similar taxes imposed by a governmental authority which are related to the Work and for which Construction Contractor is liable. c. Fees and assessments for the building permit and for other permits, licenses and inspections for which Construction Contractor is required by the Contract Documents to pay. d. Fees of testing laboratories for tests required by the Contract Documents, except those related to defective or nonconforming Work for which reimbursement is excluded pursuant to the terms of the Contract. e. Royalties and license fees paid for the use of a particular design, process or product required by the Contract Documents. f. Deposits lost for causes other than Construction Contractor’s fault or negligence. g. Legal, mediation and arbitration costs, other than those arising from disputes between Owner and Construction Contractor, reasonably incurred by Construction Contractor in performance of the Work and with Owner’s prior written consent, said consent to be given or denied in Owner’s sole discretion. h. Costs reasonably incurred in repairing or correcting damage or nonconforming Work executed by Construction Contractor, or its subcontractors or suppliers, provided that such damage or nonconforming Work was not caused by (i) the negligence or failure to fulfill a specific responsibility of Construction Contractor to Owner set forth in the Contract Documents, or (ii) Construction Contractor’s foremen, engineers, superintendents or other supervisory, administrative or managerial personnel, or (iii) Construction Contractor’s subcontractors and suppliers, or (iv) the failure of Construction Contractor’s personnel to supervise adequately those portions of the Work to be performed by Construction Contractor’s subcontractors or suppliers, and only to the extent that the cost of repair or correction is not recoverable by Construction Contractor from (i) insurance or bonds, (ii) any of the subcontractors or suppliers, or (iii) some other appropriate source.

Appears in 2 contracts

Samples: Construction Management Services Agreement, Construction Management Contract

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