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design Drawings and Specifications in existence at the time the <br />Guaranteed Maximum Price is prepared. The assumptions <br />used in the preparation of the Guaranteed Maximum Price shall <br />be identified by the CMAR in its Guaranteed Maximum Price <br />proposal. <br />7.1.8 Sales and Use Taxes. <br />The Guaranteed Maximum Price shall Include those sales and <br />use taxes applicable to the Project that are legally enacted at <br />the time the Guaranteed Maximum Price Is established. Sales <br />and use taxes shall be accounted for separately in the <br />Guaranteed Maximum Price and in the payment application <br />submitted by the CMAR. Any increase or decrease in such <br />taxes that affect the Guaranteed Maximum Price and that are <br />enacted after the Guaranteed Maximum Price is submitted <br />shall be incorporated Into that price by change order. <br />7.1.7 Change in Scope <br />The Owner may change the scope of the Project or a part <br />thereof and the Guaranteed Maximum Price shall then be <br />adjusted as provided in Paragraph 7.3. <br />7.2 Cost of the Work <br />The term "Cost of the Work' shall include all amounts paid by <br />the Owner to the CMAR other than General Conditions and <br />Fixed Fee costs for payment to all separate Contractors, <br />suppliers and equipment lessors for all the Work of the Project <br />as described in the Design Drawings and Specifications <br />developed by the Designer. The Cost of the Work shall be <br />adjusted for all discounts obtained on payments by the CMAR <br />or any Contractor, which shall be for the benefit of the Project <br />and the Owner. Trade discounts, rebates, refunds, and <br />amounts received from sales of surplus or salvaged materials <br />and equipment shall accrue to the Owner, and the CMAR shall <br />make provisions so they can be secured and will reduce 'the <br />Guaranteed Maximum Price accordingly. Amounts which <br />accrue to the Owner in accordance with this paragraph shall be <br />accounted for and credited to the Owner as a deduction from <br />the Cost of the Work. <br />7.2.1 Exclusions from Cost of the Work <br />The Cost of the Work shall not include the following: <br />7.2.1.1 The CMAR's fee for Services and reimbursable costs <br />for General Conditions; <br />9�) <br />7.2.1.2 All professional fees paid by the Owner to the Designer <br />or other consultants retained directly by the Owner, <br />7.2.1.3 All costs paid directly by the Owner to contractors or <br />suppliers retained directly by the Owner and outside the scope <br />of the Guaranteed Maximum Price; <br />7.2.1.4 All Additional Services costs as defined herein. <br />7.3 Adjustments to the Guaranteed Maximum Price <br />The CMAR understands, confirms and agrees that its <br />responsibility hereunder is to construct the Project in <br />accordance with the Drawings and Specifications. It is <br />recognized that the Guaranteed Maximum Price is based on <br />complete design documents unless the Owner requests that <br />the Guaranteed Maximum Price be fixed at an earlier stage in <br />the design process. The CMAR shall notify the Owner if the <br />CMAR believes that it is being asked to fix the Guaranteed <br />Maximum Price on incomplete, ambiguous or under - developed <br />-drawings and specifications. In those instances in which the <br />Drawings and Specifications are not fully developed at the time <br />the Guaranteed Maximum Price is established, the CMAR shall <br />exercise reasonable care and judgment to determine the Intent <br />of the design and shall calculate the Guaranteed Maximum <br />Price on the basis of the quality of construction, materials, and <br />finishes that can be reasonably inferred from the design <br />documents or other specified sources. The CMAR shall <br />determine unit prices and the Cost of the Work and shall make <br />those reasonable assumptions regarding the project scope and <br />the quality of the intended construction as may be necessary to <br />fully document the Guaranteed Maximum Price. <br />7.3.1 Changes to the Work <br />The Owner may, at any time and for any reason, by written <br />notice or order, make changes or modifications to the Work or <br />add Work within the general scope of the Project, including <br />without limitation changes to the Drawings and Specifications, <br />the Master Schedule, the sequence, manner or method of <br />performing the Work, or the work being provided by the Owner <br />or its separate contractors: The amount of adjustment to <br />increase or decrease the Cost of the Work resulting from a <br />change In the Project shall be determined in one or more of the <br />following ways: <br />7.3.1.1 By mutual acceptance of a lump sum, properly itemized <br />and supported by cost data; or <br />