Shared Savings Bonus. [Optional Section – discussion and negotiation point] Following Final Completion of the Project, if Construction Manager has complied with the terms and conditions of the Contract Documents, Owner Parties and Construction Manager shall cooperate to determine if any remaining funds are subject to sharing, as set forth in this Section 7.9.3, using the following formula: (netting the “Final GMP Amendments Total”) Take the GMP Amendments Total as of the date of Owner’s final payment for the Project Subtract from the Final GMP Amendments Total the amount of any Claims, pending and settled, as well as Construction Manager’s Fee (netting the “Adjusted Final GMP Amendments Total”) Subtract from the Adjusted Final GMP Amendments Total the sum of the Cost of the Work paid for the Project (netting the “Savings”) [Thirty-five Percent (35%)] of any available Savings, not to exceed [One-third of One Percent (.033%)] of the Cost of the Work, shall be payable to Construction Manager as a bonus, and Owner shall retain the remainder of such Savings (the “Shared Savings”)
