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§ 7.7.2 Costs incurred in taking action to prevent threatened damage,injury,or loss,in case of an emergency affecting
<br /> the safety of persons and property,as provided in Article 10 of AIA Document A201-2017,
<br /> § 7.7.3 Costs of repairing or correcting damaged or nonconforming Wort executed by the Contractor.Subcontractors,
<br /> or suppliers,provided that such damaged or nonconforming Work was not caused by the negligence of,or failure to
<br /> Fulfill a specific responsibility by,the Contractor,and only to the extent that the cost of repair or correction is not
<br /> recovered by the Contractor from insurance,sureties,Subcontractors,supplier,or others.
<br /> § 7.8 Related Party Transactions
<br /> § 7.8.1 For purposes of this Section 7.8,the tern"related party"shall mean(1)a parent,subsidiary,affiliate,or other
<br /> entity having common ownership of,or sharing common management with,the Contractor;(2)any entity in which
<br /> any stockholder in,or management employee of,the Contractor holds art equity interest in excess of ten percent in the
<br /> aggregate;(3)any entity which has the right to control the business or affairs of the Contractor;or(4)any person,or
<br /> any member of the immediate family of any person,who has the right to control the business or affairs of the
<br /> Contractor.
<br /> § 7.8.2 If any of the costs to be reimbursed arise from a transaction between the Contractor and a related party,the
<br /> Contractor shall notify the Owner of the specific nature of the contemplated transaction,including the identity of the
<br /> related party and the anticipated cost to be incurred,before any such transaction is consummated or cost incurred.If
<br /> the Owner,after such notification,authorizes the propused transaction in writing,then the cost incurred shall be
<br /> included as a cost to be reimbursed,and the Contractor shall procure the Work,equipment,goods,or set-vice,from the
<br /> related party,as a Subcontractor,according to the terms of Article 10.if the Owner fails to authorize the transaction in
<br /> writing,the Contractor shall procure the Work,equipment,goods,or service from some person or entity other than a
<br /> related party according to the terms of Article 10.
<br /> ARTICLE 8 COSTS NOT TO BE REIMBURSED
<br /> § 8.1 The Cast of the Work shall not include the items listed below:
<br /> .1 Salaries and other compensation of the Contractor's personnel stationed at the COnfraCtor'S principal
<br /> office or offices other than the site office,except as specifically provided in Section 7.2,or as may be
<br /> provided in Article 15;
<br /> .2 Bonuses,profit sharing,incentive compensation,and any other discretionary payments,paid to anyone
<br /> hired by the Contractor or paid to any Subcontractor or vendor,unless the Owner has provided prior
<br /> approval;
<br /> .3 Expenses of the Contractor's principal office and offices other than the site office;
<br /> .4 Overhead and general expenses,except as may be expressly included in Article 7;
<br /> .5 The Contractor's capital expenses,including interest on the Contractor's capital employed for the
<br /> Work;
<br /> .6 Except as provided in Section 7.7.3 of this Agreement,costs due to the negligence of,or failure to
<br /> fulfilt a specific responsibility of the Contract by,the Contractor,Subcontractors,and suppliers,or
<br /> anyone directly or indirectly employed by any of them or for whose acts any of them may be liable;
<br /> .7 Any cost not specifically and expressly described in Article 7:and
<br /> .8 Costs,other than costs included in Change Orders approved by the Owner,that would cause the
<br /> Guaranteed Maximum Price to be exceeded.
<br /> ARTICLE 9 DISCOUNTS, REBATES AND REFUNDS
<br /> 19.1 Cash discounts obtained on payments made by the Contractor shalt accrue to the Owner if(I)before making the
<br /> payment,the Contractor included the amount to be paid,less such discount,in an Application for Payment and
<br /> received payment from the Owner,or(2)the Owner has deposited funds with the Contractor with which to make
<br /> payments;otherwise cash discounts shall accrue to the Contractor.Trade discounts,rebates,refunrtg,and amounts
<br /> received from sales of surplus materials and equipment shall accrue to the Owner,and the Contractor shall make
<br /> provisions so that they can be obtained.
<br /> § 9.2 Amounts that accrue to the Owner in accordance with the provisions of Section 9.1 shall be credited u)the
<br /> Owner as a deduction from the Cost of the Work.
<br /> Intl. AIA Document A102 2017•Copyright C)1920,1925.1951,1958,1961,1963,1967.1974,1978,1987,1997,2007 and 2017.All rights reserved.'The American
<br /> Institute of Architects,-"Ar neflcan Institute of Architects,""AIA;the AIA Logo,and"A!A Contract Documents'are trademarks or The American institute of Architects.
<br /> This document was produced at 15:07:01 CT an 12112/2023 under Order No.4104240817 which eKpires on 03110f2024,is not for resale,is licensed for one-time $
<br /> use only,and may only be used in accordance with the AIR Contract Documents"'Terms of Service.To report copyright violations.a-mail
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