Common use of Price Guarantees Clause in Contracts

Price Guarantees. (i) Upon execution of Exhibit D, the Construction Manager guarantees that the sum of (i) the actual Cost of the Work, (ii) Construction Manager’s Contingency, (iii) Construction Manager’s Staffing Costs, (iv) General Conditions Cost, and (v) Construction Manager’s Overhead and Profit, shall not exceed the amount set forth in the agreed upon GMP. All costs or expenses that would cause this sum to exceed the GMP shall be borne by the Construction Manager unless adjusted by Owner approved change order. (ii) Upon execution of Exhibit D, the Construction Manager guarantees that the actual Cost of the Work, Construction Manager’s Staffing Costs, General Conditions Cost and Construction Manager’s Overhead and Profit shall not exceed the guaranteed maximum for each such category and that all costs or expenses that would cause any of these individual categories to exceed the guaranteed maximum for each such category in the agreed upon GMP shall be borne by the Construction Manager unless adjusted by Owner approved change order. (iii) Upon execution of Exhibit D, the Construction Manager certifies that all factual unit costs supporting the GMP proposal are accurate, complete and current at the time of negotiations; and that any other factual unit costs that may be furnished to the Owner in the future to support any additional amounts that may be authorized will also be accurate and complete. Payments to the Construction Manager shall be reduced if the Owner determines such amounts were originally included due to materially inaccurate, incomplete, or non-current factual unit costs. (iv) Upon execution of Exhibit D, the Construction Manager guarantees that to the extent the accepted GMP includes contingency, use of contingency shall be approved by Owner by change order prior to expenditure by the Construction Manager.

Price Guarantees. (i) Upon execution of Exhibit D, F the Construction Manager Design/Builder guarantees that the sum of (i) the actual Cost of the Work, (iii) Construction ManagerDesign/Builder’s Contingency, (iiiii) Construction ManagerDesign/Builder’s Staffing Costs, (iviii) General Conditions Cost, and (viv) Construction ManagerDesign/Builder’s Overhead and Profit, shall not exceed the amount set forth in the agreed upon GMP. All costs or expenses that would cause this sum to exceed the GMP shall be borne by the Construction Manager Design/Builder unless adjusted by Owner approved change order. (ii) . Upon execution of Exhibit D, F the Construction Manager Design/Builder guarantees that the actual Cost of the Work, Construction ManagerDesign/Builder’s Staffing Costs, General Conditions Cost and Construction ManagerDesign/Builder’s Overhead and Profit shall not exceed the guaranteed maximum for each such category and that all costs or expenses that would cause any of these individual categories to exceed the guaranteed maximum for each such category in the agreed upon GMP shall be borne by the Construction Manager Design/Builder unless adjusted by Owner approved change order. (iii) . Upon execution of Exhibit D, F the Construction Manager Design/Builder certifies that all factual unit costs supporting the GMP proposal are accurate, complete and current at the time of negotiations; and that any other factual unit costs that may be furnished to the Owner in the future to support any additional amounts that may be authorized will also be accurate and complete. Payments to the Construction Manager Design/Builder shall be reduced if the Owner determines such amounts were originally included due to materially inaccurate, incomplete, or non-current factual unit costs. (iv) Upon execution of Exhibit D, the Construction Manager guarantees that to the extent the accepted GMP includes contingency, use of contingency shall be approved by Owner by change order prior to expenditure by the Construction Manager.

Price Guarantees. (i) Upon execution of Exhibit D, the Construction Manager guarantees that the sum of of (ia) the actual Cost of the Work, (iib) Construction Manager’s Contingency, (iiic) Construction Manager’s Staffing Costs, (ivd) General Conditions Cost, and (ve) Construction Manager’s Overhead and Profit, shall not exceed the amount set forth in the agreed upon GMP. All costs or expenses that would cause this sum to exceed the GMP shall be borne by the Construction Manager unless adjusted by Owner approved change order. (ii) Upon execution of Exhibit D, the Construction Manager guarantees that the actual Cost of the Work, Construction Manager’s Contingency, Construction Manager’s Staffing Costs, General Conditions Cost Cost, and Construction Manager’s Overhead and Profit Profit, shall not exceed the guaranteed maximum for each such category and that all costs or expenses that would cause any of these individual categories to exceed the guaranteed maximum for each such category in the agreed upon GMP shall be borne by the Construction Manager unless adjusted by Owner approved change order. (iii) Upon execution of Exhibit D, the Construction Manager certifies that all factual unit costs supporting the GMP proposal are accurate, complete and current at the time of negotiations; and that any other factual unit costs that may be furnished to the Owner in the future to support any additional amounts that may be authorized will also be accurate and complete. Payments to the Construction Manager shall be reduced if the Owner determines such amounts were originally included due to materially inaccurate, incomplete, or non-current factual unit costs. (iv) Upon execution of Exhibit D, the Construction Manager guarantees that to the extent the accepted GMP includes contingency, use of contingency shall be approved by Owner by change order prior to expenditure by the Construction Manager.

Price Guarantees. (i) Upon execution of Exhibit D, the Construction Manager guarantees that the sum of (i) the actual Cost of the Work, (ii) Construction Manager’s Contingency, (iii) Construction Manager’s Staffing Costs, (iv) General Conditions Cost, and (v) Construction Manager’s Overhead and Profit, shall not exceed the amount set forth in the agreed upon GMP. All costs or expenses that would cause this sum to exceed the GMP shall be borne by the Construction Manager unless adjusted by Owner approved change order. (ii) . Upon execution of Exhibit D, the Construction Manager guarantees that the actual Cost of the Work, Construction Manager’s Staffing Costs, General Conditions Cost and Construction Manager’s Overhead and Profit shall not exceed the guaranteed maximum for each such category and that all costs or expenses that would cause any of these individual categories to exceed the guaranteed maximum for each such category in the agreed upon GMP shall be borne by the Construction Manager unless adjusted by Owner approved change order. (iii) . Upon execution of Exhibit D, the Construction Manager certifies that all factual unit costs supporting the GMP proposal are accurate, complete and current at the time of negotiations; and that any other factual unit costs that may be furnished to the Owner in the future to support any additional amounts that may be authorized will also be accurate and complete. Payments to the Construction Manager shall be reduced if the Owner determines such amounts were originally included due to materially inaccurate, incomplete, or non-current factual unit costs. (iv) . Upon execution of Exhibit D, the Construction Manager guarantees that to the extent the accepted GMP includes contingency, use of contingency shall be approved by Owner by change order prior to expenditure by the Construction Manager.

Price Guarantees. (i) Upon execution of Exhibit D, F the Construction Manager Design/Builder guarantees that the sum of (i) the actual Cost of the Work, (iii) Construction ManagerDesign/Builder’s Contingency, (iiiii) Construction ManagerDesign/Builder’s Staffing Costs, (iviii) General Conditions Cost, and (viv) Construction ManagerDesign/Builder’s Overhead and Profit, shall not exceed the amount set forth in the agreed upon GMP. All costs or expenses that would cause this sum to exceed the GMP shall be borne by the Construction Manager Design/Builder unless adjusted by Owner approved change order. (ii) Upon execution of Exhibit D, F the Construction Manager Design/Builder guarantees that the actual Cost of the Work, Construction ManagerDesign/Builder’s Staffing Costs, General Conditions Cost and Construction ManagerDesign/Builder’s Overhead and Profit shall not exceed the guaranteed maximum for each such category and that all costs or expenses that would cause any of these individual categories to exceed the guaranteed maximum for each such category in the agreed upon GMP shall be borne by the Construction Manager Design/Builder unless adjusted by Owner approved change order. (iii) Upon execution of Exhibit D, F the Construction Manager Design/Builder certifies that all factual unit costs supporting the GMP proposal are accurate, complete and current at the time of negotiations; and that any other factual unit costs that may be furnished to the Owner in the future to support any additional amounts that may be authorized will also be accurate and complete. Payments to the Construction Manager Design/Builder shall be reduced if the Owner determines such amounts were originally included due to materially inaccurate, incomplete, or non-current factual unit costs. (iv) Upon execution of Exhibit D, F the Construction Manager Design/Builder guarantees that to the extent the accepted GMP includes contingency, use of contingency shall be approved by Owner by change order prior to expenditure by the Construction ManagerDesign/Builder.

Price Guarantees. (i) Upon execution of Exhibit Da GMP Agreement, the Construction Manager guarantees that and certifies that: (i) the sum of (ia) the actual Cost of the Work, (iib) Construction Manager’s Contingency, (iiic) Construction Manager’s Staffing Costs, (ivd) General Conditions Cost, and (ve) Construction Manager’s Overhead and Profit, and (f) bonds and insurance, shall not exceed the amount set forth in the agreed upon GMP. All costs or expenses that would cause this sum to exceed the GMP shall be borne by the Construction Manager unless adjusted by Owner approved change order. (ii) Upon execution of Exhibit D, the Construction Manager guarantees that the actual Cost of the Work, Construction Manager’s Staffing Costs, General Conditions Cost and Construction Manager’s Overhead and Profit shall not exceed the guaranteed maximum for each such category and that all costs or expenses that would cause any of these individual categories to exceed the guaranteed maximum for each such category in the agreed upon GMP shall be borne by the Construction Manager unless adjusted by Owner approved change order. (iii) Upon execution of Exhibit D, the Construction Manager certifies that all factual actual unit costs supporting the GMP proposal are accurate, complete and current at the time of negotiations; and that any other factual unit costs that may be furnished to the Owner in the future to support any additional amounts that may be authorized will also be accurate and complete. Payments to the Construction Manager shall be reduced if the Owner determines such amounts were originally included due to materially inaccurate, incomplete, or non-current factual unit costs. (iv) Upon execution of Exhibit D, the Construction Manager guarantees that to the extent the accepted GMP includes contingency, use of contingency shall be approved by Owner the Owner’s Representative by change order Contingency Use Authorization Form prior to expenditure by the Construction Manager.

Price Guarantees. (ia) Upon execution of Exhibit D, F the Construction Manager Design/Builder guarantees that the sum of (i) the actual Cost of the Work, (iii) Construction ManagerDesign/Builder’s Contingency, (iiiii) Construction ManagerDesign/Builder’s Staffing Costs, (iviii) General Conditions Cost, and (viv) Construction ManagerDesign/Builder’s Overhead and Profit, shall not exceed the amount set forth in the agreed upon GMP. All costs or expenses that would cause this sum to exceed the GMP shall be borne by the Construction Manager Design/Builder unless adjusted by Owner approved change order. (iib) Upon execution of Exhibit D, F the Construction Manager Design/Builder guarantees that the actual Cost of the Work, Construction ManagerDesign/Builder’s Staffing Costs, General Conditions Cost and Construction ManagerDesign/Builder’s Overhead and Profit shall not exceed the guaranteed maximum for each such category and that all costs or expenses that would cause any of these individual categories to exceed the guaranteed maximum for each such category in the agreed upon GMP shall be borne by the Construction Manager Design/Builder unless adjusted by Owner approved change order. (iiic) Upon execution of Exhibit D, F the Construction Manager Design/Builder certifies that all factual unit costs supporting the GMP proposal are accurate, complete and current at the time of negotiations; and that any other factual unit costs that may be furnished to the Owner in the future to support any additional amounts that may be authorized will also be accurate and complete. Payments to the Construction Manager Design/Builder shall be reduced if the Owner determines such amounts were originally included due to materially inaccurate, incomplete, or non-current factual unit costs. (ivd) Upon execution of Exhibit D, F the Construction Manager Design/Builder guarantees that to the extent the accepted GMP includes contingency, use of contingency shall be approved by Owner by change order prior to expenditure by the Construction ManagerDesign/Builder.

Price Guarantees. (i) Upon execution of Exhibit D, the Construction Manager guarantees that the sum of (ia) the actual Cost of the Work, (iib) Construction Manager’s Contingency, (iiic) Construction Manager’s Staffing Costs, (ivd) General Conditions Cost, and (ve) Construction Manager’s Overhead and Profit, shall not exceed the amount set forth in the agreed upon GMP. All costs or expenses that would cause this sum to exceed the GMP shall be borne by the Construction Manager unless adjusted by Owner approved change order. (ii) Upon execution of Exhibit D, the Construction Manager guarantees that the actual Cost of the Work, Construction Manager’s Staffing Costs, General Conditions Cost and Construction Manager’s Overhead and Profit shall not exceed the guaranteed maximum for each such category and that all costs or expenses that would cause any of these individual categories to exceed the guaranteed maximum for each such category in the agreed upon GMP shall be borne by the Construction Manager unless adjusted by Owner approved change order. (iii) Upon execution of Exhibit D, the Construction Manager certifies that all factual unit costs supporting the GMP proposal are accurate, complete and current at the time of negotiations; and that any other factual unit costs that may be furnished to the Owner in the future to support any additional amounts that may be authorized will also be accurate and complete. Payments to the Construction Manager shall be reduced if the Owner determines such amounts were originally included due to materially inaccurate, incomplete, or non-current factual unit costs. (iv) Upon execution of Exhibit D, the Construction Manager guarantees that to the extent the accepted GMP includes contingency, use of contingency shall be approved by Owner by change order prior to expenditure by the Construction Manager.

Price Guarantees. (i) Upon execution of Exhibit D, the Construction Manager guarantees that the sum of (ia) the actual Cost of the Work, (iib) Construction Manager’s Contingency, (iiic) Construction Manager’s Staffing Costs, (ivd) General Conditions Cost, and (ve) Construction Manager’s Overhead and Profit, shall not exceed the amount set forth in the agreed upon GMP. All costs or expenses that would cause this sum to exceed the GMP shall be borne by the Construction Manager unless adjusted by Owner approved change order. (ii) Upon execution of Exhibit D, the Construction Manager guarantees that the actual Cost of the Work, Construction Manager’s Contingency, Construction Manager’s Staffing Costs, General Conditions Cost Cost, and Construction Manager’s Overhead and Profit Profit, shall not exceed the guaranteed maximum for each such category and that all costs or expenses that would cause any of these individual categories to exceed the guaranteed maximum for each such category in the agreed upon GMP shall be borne by the Construction Manager unless adjusted by Owner approved change order. (iii) Upon execution of Exhibit D, the Construction Manager certifies that all factual unit costs supporting the GMP proposal are accurate, complete and current at the time of negotiations; and that any other factual unit costs that may be furnished to the Owner in the future to support any additional amounts that may be authorized will also be accurate and complete. Payments to the Construction Manager shall be reduced if the Owner determines such amounts were originally included due to materially inaccurate, incomplete, or non-current factual unit costs. (iv) Upon execution of Exhibit D, the Construction Manager guarantees that to the extent the accepted GMP includes contingency, use of contingency shall be approved by Owner by change order prior to expenditure by the Construction Manager.

Price Guarantees. (i) Upon execution of Exhibit D, G the Construction Manager Design/Builder guarantees that the sum of (ithe 1) the actual Cost of the Work, (ii2) Construction ManagerDesign/Builder’s Contingency, (iii3) Construction ManagerDesign/Builder’s Staffing Costs, (iv4) General Conditions Cost, and (v5iv) Construction ManagerDesign/Builder’s Overhead and Profit, shall not exceed the amount set forth in the agreed upon GMP. All costs or expenses that would cause this sum to exceed the GMP shall be borne by the Construction Manager Design/Builder unless adjusted by Owner approved change order. (ii) Upon execution of Exhibit D, G the Construction Manager Design/Builder guarantees that 1) the actual Cost of the Work, Construction Manager2) Design/Builder’s Staffing Costs, General 3)General Conditions Cost and Construction Manager4)Design/Builder’s Overhead and Profit shall not exceed the guaranteed maximum for each such category of the four enumerated categories and that all costs or expenses that would cause any of these individual enumerated categories to exceed the guaranteed maximum for each such enumerated category in the agreed upon GMP shall be borne by the Construction Manager Design/Builder unless adjusted by Owner approved change order.. Nothing in this subsection shall prohibit the use or transfer of funds between individual items within the four enumerated categories listed with the consent of Owner (iii) Upon execution of Exhibit D, G the Construction Manager Design/Builder certifies that all factual unit costs supporting the GMP proposal are accurate, complete and current at the time of negotiations; and that any other factual unit costs that may be furnished to the Owner in the future to support any additional amounts that may be authorized will also be accurate and complete. Payments to the Construction Manager Design/Builder shall be reduced if the Owner determines such amounts were originally included due to materially inaccurate, incomplete, or non-current factual unit costs. Such reductions or increases, if any, shall be made prior to final payment and shall not be made subsequent to final payment. (iv) Upon execution of Exhibit D, G the Construction Manager guarantees Owner agrees that to the extent the accepted GMP includes a Design/Builder’s contingency, use of such contingency shall be approved by Owner by change order prior at the sole discretion of the Design/Builder, provided that such contingency shall be used to expenditure by address unforeseen circumstances or to supplement the Construction Manageractual Cost of the Work. Use of the Design/Builder’s contingency shall be documented to the owner at the time of the next pay request.