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as set forth in the Contract Documents. 7.6.8 Legal, mediation and arbitration costs, including attorneys' fees, other than these arising from disputes between the Owner and Contractor, reasenably incurred by the Contracter in the perfennance efthe Work and with the Owner's prior written approval; which approval shall not be unreasonably withheld. 7.6.9 Reasonable Expenses incurred in accordance with the Centracter's standard personnel policy for relocation and temporary living allowances of personnel required for the Work, if appreved by the Owner. 7.7 OTHER COSTS AND EMERGENCIES 7.7.1 Other costs incurred in the perfennance of the W erk if and te the extent approved in advance in writing by the Owner. 7.7.2 Costs due te emergencies incurred in taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons and property, as provided in Paragraph 10.6 of AIA Document A201-1997. 7.7.3 Costs of repairing or correcting damaged or nonconforming Werk executed by the Centracter, Subcentracters or suppliers, provided that such damaged or nonconforming Work was net caused by negligence er failure to fulfill a specific responsibility of the Contractor and enly te the extent that the cost of repair or correction is net recoverable by the Contracter from insurance, sureties, Subcontractors or suppliers. ARTICLE 8 COSTS NOT TO BE REIMBURSED 8.1 The Cest of the Work shall not include: 8.1.1 Salaries and other compensation ef the Contractor's personnel stationed at the Contracter's principal effice or offices other than the site office, except as specifically previded in Subparagraphs 7.2.2 and 7.2.3 er as may be provided in Article 14. 8.1.2 Expenses of the Contractor's principal office and effices ether than the site office. 8.1.3 Overhead and general expenses, except as may be expressly included in Article 7. 8.1.4 The Contractor's capital expenses, including interest on the Contracter's capital employed for the Work. 8.1.5 Rental costs of machinery and equipment, except as specifically provided in Subparagraph 7.5.2. 8.1.6 ExeeJ't as flravided in 8aeJlaFagrapa 7.7.3 af this AgreemeBt, eests Ek:te te the aegligeaee ar failme ta fulfill R speeifie respansibility afthe Ceatraeter, SHeeeBtFaetars aHa SHJlflliers ar aHyeae aif'-eetly ar indif'eetly eHlfllayea BY aHY eftl1em ar fur \'fhose Rats Ray of them may be liable Exce.pt as provided in Subparagraph 7.7.3 ef this Agreement. cests due te the failure ef the Contractor's personnel which have supervision of the Work as a whole te exercise ~eed faith or that degree of care which they nonnally exercise. includin~ but not limited to. cest for the correction of dama~e. defective or nenconferming Werk. disposal and replacement of materials and equipment incorrectly erdered or supplied. and makin~ goed damage to pro.perty net formin~ a part of the Work. 8.1.7 Any cest not specifically and expressly described in Article 7. 8.1.8 Costs, other than costs included in Change Orders approved by the Owner, that would cause the Guaranteed Maximum Price to be exceeded. ARTICLE 9 DISCOUNTS, REBATES AND REFUNDS 9.1 Cash discounts obtained on payments made by the Contractor shall accrue te the Owner if(l) befere making the payment, the Contractor included them in an Application fer Payment and received payment therefer from the Owner, er (2) the Owner has deposited funds with the Centracter with which to make payments; otherwise, cash disceunts shall accrue to the Contractor. Trade @ AlA DOCUMENT AlII -OWNER - CONTRACTOR AGREEMENT - 1997 EDITION - AlA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N,W" WASHINGTON, D,C, 20006-5292, WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced without violation until the date of expiration as noted below, expiration as noted below, expiration as noted below, User Document: alII city of sunny.aia -- 4/11/2002, AlA License Number 1000746, which expires on 8/8/2002, Electrenic F onnat A 111-1997 sJJ