Common use of Maximum Cost of General Conditions Clause in Contracts

Maximum Cost of General Conditions. The Design-Builder shall not be entitled to recover more than the amount set forth in the Project Information Section of this Agreement for the Cost of General Conditions, for the Project 1 work, and for the PROJECT 2 work (the “Project 1 Maximum Cost of General Conditions”, and the “PROJECT 2 Maximum Cost of General Conditions”, respectively). If, as a result of any Change Order(s) or Change Directive(s): (i) the Project durations extends 30 days or more beyond the Substantial Completion Date; and (ii) the Design-Builder can demonstrate to the satisfaction of the Department that such additional Costs of General Conditions are reasonable and not due to any fault of the Design-Builder, its Subcontractors, materialmen, consultants or anyone making claims thereunder, the Design-Builder may request a Change Order to adjust the Maximum Cost of General Conditions. To the extent the Design-Builder incurs Costs of General Conditions in excess of the Maximum Cost of General Conditions, the Design-Builder shall not be entitled to reimbursement for such amounts unless the Department authorizes, in writing, an increase to the Maximum Cost of General Conditions. Nonetheless, in such an event, the Design-Builder exceeds the Maximum Cost of General Conditions, the Design-Builder shall continue to be required to adequately staff the Project.

Appears in 2 contracts

Samples: Agreement, Design Build Agreement

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Maximum Cost of General Conditions. The Design-Builder shall not be entitled to recover more than the amount set forth in the Project Information Section of this Agreement for the Cost of General Conditions, for the Project 1 DC General work, and for the PROJECT 2 DOC work (the “Project 1 DC General Maximum Cost of General Conditions”, and the “PROJECT 2 DOC Maximum Cost of General Conditions”, respectively). If, as a result of any Change Order(s) or Change Directive(s): (i) the Project durations extends 30 days or more beyond the Substantial Completion Date; and (ii) the Design-Builder can demonstrate to the satisfaction of the Department that such additional Costs of General Conditions are reasonable and not due to any fault of the Design-Builder, its Subcontractors, materialmen, consultants or anyone making claims thereunder, the Design-Builder may request a Change Order to adjust the Maximum Cost of General Conditions. To the extent the Design-Builder incurs Costs of General Conditions in excess of the Maximum Cost of General Conditions, the Design-Builder shall not be entitled to reimbursement for such amounts unless the Department authorizes, in writing, an increase to the Maximum Cost of General Conditions. Nonetheless, in such an event, the Design-Builder exceeds the Maximum Cost of General Conditions, the Design-Builder shall continue to be required to adequately staff the Project.

Appears in 1 contract

Samples: Design Build Agreement

Maximum Cost of General Conditions. The Design-Builder shall not be entitled to recover more than the amount set forth in the Project Information Section of this Agreement for the Cost of General ConditionsConditions (such amount, for the Project 1 work, and for the PROJECT 2 work (the “Project 1 Maximum Cost of General Conditions”); provided, however, that the Department and the “PROJECT 2 Design-Builder shall agree on the pro rata portion of the Maximum Cost of General Conditions”, respectively)Conditions that shall be included in each of the Summer 1 and Summer 2 GMPs. If, as a result of any Change Order(s) or Change Directive(s): (i) the Project durations extends 30 days or more beyond the Substantial Completion Date; and (ii) the Design-Builder can demonstrate to the satisfaction of the Department that such additional Costs of General Conditions are reasonable and not due to any fault of the Design-Builder, its Subcontractors, materialmen, consultants or anyone making claims thereunder, the Design-Builder may request a Change Order to adjust the Maximum Cost of General Conditions. To the extent the Design-Builder incurs Costs of General Conditions in excess of the Maximum Cost of General Conditions, the Design-Builder shall not be entitled to reimbursement for such amounts unless the Department authorizes, in writing, an increase to the Maximum Cost of General Conditions. Nonetheless, in such an event, the Design-Builder exceeds the Maximum Cost of General Conditions, the Design-Builder shall continue to be required to adequately staff the Project.

Appears in 1 contract

Samples: Design Build Agreement

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Maximum Cost of General Conditions. The Design-Builder shall not be entitled to recover more than the amount set forth in the Project Information Section of this Agreement for the Cost of General ConditionsConditions (such amount, for the Project 1 work, and for the PROJECT 2 work (the “Project 1 Maximum Cost of General Conditions”); provided, however, that the Department and the “PROJECT 2 Design-Builder shall agree on the pro rata portion of the Maximum Cost of General Conditions”, respectively)Conditions that shall be included in each of the Phase A and Phase B GMPs. If, as a result of any Change Order(s) or Change Directive(s): (i) the Project durations extends 30 days or more beyond the Substantial Completion Date; and (ii) the Design-Builder can demonstrate to the satisfaction of the Department that such additional Costs of General Conditions are reasonable and not due to any fault of the Design-Builder, its Subcontractors, materialmen, consultants or anyone making claims thereunder, the Design-Builder may request a Change Order to adjust the Maximum Cost of General Conditions. To the extent the Design-Builder incurs Costs of General Conditions in excess of the Maximum Cost of General Conditions, the Design-Builder shall not be entitled to reimbursement for such amounts unless the Department authorizes, in writing, an increase to the Maximum Cost of General Conditions. Nonetheless, in such an event, the Design-Builder exceeds the Maximum Cost of General Conditions, the Design-Builder shall continue to be required to adequately staff the Project.

Appears in 1 contract

Samples: Agreement

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