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shall have no copyright or other rights in the documents, or <br />other rights to use the documents. <br />ARTICLE 12 <br />SPECIAL GUARANTEED MAXIMUM PRICE PROVISIONS <br />12.1 Guaranteed Maximum Price <br />Pursuant to this Agreement and for the Project defined in <br />Article 2, the Owner and the CM <br />nn",:.,,~,.,, o~:..e s . +tie o~..:e..+ ..a ~ ~..+ .,..+ +., a ee.a <br />agree that the Guaranteed Maximum Price <br />for the Project is the total of the two Guaranteed Maximum <br />Prices as defined in the Agreement of Purchase and Sale <br />(Library 8uilding) and the Agreement of Purchase and Sale <br />(Office Building). <br />12.1.1. Documentation <br />The Guaranteed Maximum Price documentation shall be <br />prepared by the CM and submitted to the Owner with the <br />Guaranteed Maximum Price Proposal. The documentation <br />shall at a minimum describe the Contract Documents on which <br />the Guaranteed Maximum Price Proposal is based, and set <br />forth the cost elements of the Guaranteed Maximum Price in <br />detail. The documentation may include drawings, sketches, <br />specifications, calculations or other data used to identify the <br />basis of the Guaranteed Maximum Price. Documentation of the <br />Guaranteed Maximum Price was developed by the GM from <br />the design Drawings and Specifications and such other <br />documents as maybe described in the Proposal. <br />12.1.2 Budget Items <br />The documentation of the Guaranteed Maximum Price shall <br />include a detailed cost tabulation with at least the elements <br />described in the Listing of Cost Elements in Appendix B. <br />12.1.3 GM Contingency <br />The Guaranteed Maximum Price shall include a contingency <br />amount (the Contingency) for the use of the CM. The <br />Contingency shall be included in the Guaranteed Maximum <br />Price. The Contingency is for the use of the CM to defray costs <br />in excess of the Gost of the Work for which the GM is not <br />otherwise entitled to an increase in the Guaranteed Maximum <br />Price under the terms of this Agreement. <br />12.1.3.1 [Not used] <br />12.1.3.2 [Not used] <br />12.1.3.3 [Not used] <br />12.1.3.4 [Not used] <br />12.1.4 Construction Contract Price Savings and Overruns <br />[Not used] <br />12.1.4.1 [Not used] <br />12.1.4.2 [Not used] <br />12.1.4.3 [Not used] <br />12.1.5 Change of Contractor Ordered by Owner <br />If the Owner d+fests~SAA--decides to award a contract to a <br />bidder other than the lowest responsible and responsive pre- <br />qualified bidder for any potion of the Project, and if the CM <br />consents to the Owner's decision to do so in writing, the <br />Guaranteed Maximum Price shall be increased by the amount <br />of the difference between the award price and the price <br />submitted by the lowest responsible and responsive bidder. <br />Nothing herein shall abrogate the CM's right to approve the <br />bidders selected to pertorm the Work. <br />12.1.6 Costs in Excess of Guaranteed Maximum Price <br />In the event that the sum of the Cost of the Work exceeds the <br />Guaranteed Maximum Price and any adjustments therein as <br />may be due pursuant to the terms hereof or the Agreement of <br />Intent, the CM shall continue to pertorm at no additional cost to <br />the Owner until the Project, defined by this Agreement and all <br />Attachments hereto, is complete. The CM shall be responsible <br />for paying all costs in accordance with the terms of this <br />Agreement that may be necessary to complete the Project, <br />even if such amounts are in aggregate in excess of the <br />Guaranteed Maximum Price. <br />This Agreement is executed the day and year first written <br />above. <br />29 <br />