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circumstances, the CMAR shall work with the Owner and Project Designer to reach mutually acceptable GMP . 4 . 7 . Upon acceptance by the Owner of a GMP, the Owner shall prepare and the CMAR shall execute an amendment to this Contract to reflect the GMP . Within 10 days after the execution of the amendment provided herein, the CMAR shall provide the Owner with a Performance Bond and a Labor and Material Payment Bond each for 100 % of the GMP in conformity with the terms of N . C . Gen . Stat. Chapter 44A and this Contract. 4 . 8 . Upon acceptance of the GMP, the CMAR shall continue to advise and assist the Owner and Project Designer during any continuing design activities as described in the RFQ . 4 . 9 . Upon completion of the Work, any and all non- expended funds remaining in any GMP will be retained by the Owner, except as specifically set forth above in Section 3 and below in Section 5 . 5. CONTINGENCY ALLOWANCES 5 . 1 . Owner ' s Contingency : An Owner ' s Construction Contingency will be established . Expenditures against this contingency will be available to cover all costs not covered by the GMP resulting from changes in scope and initiated by the Owner via a change order amendment issued by the Owner . 5 . 2 . CMAR-GMP Contingency : Each GMP shall contain a CMAR- GMP Contingency fixed as an estimated lump sum for each GMP in an amount approved by the Owner, to help reduce the risks assumed by the CMAR in providing the GMP for the Project. The entire CMAR Contingency shall be fixed, based on the Total Construction Budget at the time of the final GMP, after which the CMAR- GMP Contingency shall not be adjusted unless an amount is negotiated with Owner requested Change Orders to the Work of the Project . In the event an adjustment to the CMAR Contingency is negotiated under this paragraph, a lump sum adjustment to the CMAR Contingency shall be equitably determined based on the nature of the changes to the Work, proven changes in the scope of services provided by the CMAR, and any other factor that would affect the CMAR risks due to changes to the Work 5 . 3 . The Owner and the CMAR acknowledge that the contingency is included to compensate for eventualities which have not been taken into precise account in the establishment of the GMP, specifically unanticipated costs which do not result in, or cause a change order to the GMP , including ( 1 ) legal fees associated with defending bid protests or subcontract awards may be authorized by the Owner as expenditures within the GMP Contingency provided the CMAR is not E negligent or at fault, (2) scope gaps between trade Subcontractors , (3 ) contract default by trade I Subcontractors , (4 ) threat of or damage due to Acts of God to the extent not otherwise covered by insurance ; (5 ) costs of corrective Work not provided for elsewhere and (6) unforeseen field conditions and design omissions which a prudent CMAR should reasonably have detected during the discharge of the CMAR ' s pre-construction duties . Costs incurred for such design omissions shall come from the CMAR- GMP Contingency . Design errors which the CMAR could not have reasonably detected will be resolved on a case-by-case basis . These may be paid from the Owner contingency, but shall not be chargeable to the CMAR-GMP Contingency . 5 .4 . The CMAR- GMP Contingency is not allocated to any particular item of the Cost of the Work, and is established for the CMAR' s use as may be required for increases in costs as noted above . It is understood that the amount of the CMAR-GMP Contingency is the maximum sum available to the CMAR to cover costs incurred as a result of such unanticipated causes or details , and that cost overruns in excess of the amount of the CMAR-GMP Contingency will be borne by the CMAR. 5 . 5 . The CMAR-GMP Contingency may be applied to any items within the Cost of the Work without the necessity of a change order, without constituting a change in the Work, and without resulting in any change in the GMP . The CMAR will notify the Owner and Project Designer in writing of the CMAR ' s intent to apply any part of the CMAR- GMP Contingency to any item within the Cost of the Work prior to any such application . The CMAR shall fully document the change on its copy of the Construction Documents for inclusion in the as-built record documents required by this Contract. i Page 8 of 52 Revised 12/24, 4/25 s (WE 9