Common use of TOTAL COSTS Clause in Contracts

TOTAL COSTS. 8.1.1 Contractor acknowledges and understands that Owner has structured its Financing on the basis of the Target Price. Accordingly, Contractor agrees as a consequence that the Contractor’s Margin shall be subject to adjustment under the circumstances described in this Article 8, without impacting Owner’s obligation to reimburse Contractor for Direct Costs incurred by it in accordance with this Agreement. 8.1.2 For the purposes of this Agreement, “Total Costs” means, as of any date, an amount equal to the sum, as calculated by Owner pursuant to Section 8.2.3, of: (a) the Reimbursable Costs, Contractor’s G&A and Contractor’s Margin duly paid to Contractor by Owner pursuant to Section 6.3; (b) the Agent For Contracts Costs; (c) any costs incurred by Owner to perform portions of the Work or any other Contractor obligation that should have been performed by Contractor under this Agreement that are in excess of the amount that Owner would have paid to Contractor to perform such portions of the Work; and (d) any other cost expressed to be included in the calculation of Total Costs hereunder; provided that the Total Costs shall not include the Total Cost Exclusions. For the avoidance of doubt, the calculation of the Total Costs as of the Final Completion Date shall include all such amounts owing, but not yet paid, to Contractor with respect to the Work performed through and including the Final Completion Date, including amounts set forth in the Final Request for Payment.

TOTAL COSTS. 8.1.1 Contractor acknowledges and understands that Owner has structured its Financing on the basis of the Target Price and is relying on the accuracy and sufficiency of the Target Price. Accordingly, Contractor agrees as a consequence that the Contractor’s Margin shall be subject to adjustment under the circumstances described in this Article 8, without impacting Owner’s obligation to reimburse Contractor for Direct Costs incurred by it in accordance with this Agreement. 8.1.2 For the purposes of this Agreement, “Total Costs” means, as of any date, an amount equal to the sum, as calculated by Owner pursuant to Section 8.2.3, of: (a) the Reimbursable Costs, Contractor’s G&A and Contractor’s Margin duly paid to Contractor by Owner pursuant to Section 6.36.2; (b) the Agent For Contracts Costs; (c) any costs incurred by Owner to perform portions of the Work or any other Contractor obligation that should have been performed by Contractor under this Agreement that are in excess of the amount that Owner would have paid to Contractor to perform such portions of the Work; and (dc) any other cost expressed to be which is expressly identified herein as being included in the calculation of Total Costs hereunder; provided that the Total Costs shall not include the Total Cost Exclusions. For the avoidance of doubt, the calculation of the Total Costs as of the Final Completion Date shall include all such amounts owing, but not yet paid, to Contractor with respect to the Work performed through and including the Final Completion Date, including amounts set forth in the Final Request for Payment.