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TranSystems Corporation - LGM Construction

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with the wages, salaries or other remuneration paid to Contractor's or the<br />

Subcontractor’s employees described in divisions (i) and (ii) above;<br />

(iv) The cost (including transportation, storage, installation, operating,<br />

dismantling, removal and repair costs not of a capital nature) of all<br />

Materials, equipment, temporary structures, small tools not owned by<br />

workmen, and supplies purchased or used in connection with the Work.<br />

Such costs may include a fair rental for all tools and equipment furnished<br />

by Contractor or a Subcontractor from its own stock not to exceed<br />

seventy five percent (75%) (or such greater percentage as FedEx may<br />

approve) of the published rates based on the most recent edition of<br />

"Compilation of Nationally Averaged Rental Rates" published by the<br />

Associated Equipment Distributors; if the tools or equipment furnished<br />

by Contractor or a Subcontractor from its own stock do not appear on the<br />

rate schedule of the Associated Equipment Distributors, Contractor's or<br />

the Subcontractor’s costs may include a fair rental not to exceed seventy<br />

five percent (75%) (or such greater percentage as FedEx may approve) of<br />

the rental rate generally charged by third party distributors in the vicinity<br />

of the Site. Rental costs for any tool or equipment furnished by<br />

Contractor or a Subcontractor from its own stock may not exceed the<br />

market value of the tool or the equipment at the time Contractor or the<br />

Subcontractor commits it to the Work.;<br />

(v) Fees for permits, licenses, patents, royalties, inspections and surveys;<br />

(vi) Fees of laboratories for tests that the Contract Documents require<br />

Contractor or the Subcontractor to provide, except those related to<br />

defective or non-conforming work;<br />

(vii) The cost of crossing or protecting any public utility lines, mains or<br />

conduits, if required and as directed by FedEx;<br />

(viii) The cost of removal of all debris;<br />

(ix) Federal, State and municipal sales, use and other similar taxes payable<br />

with respect to Materials or Services;<br />

(x) Cost of, or rental charges for, temporary portable buildings, toilets, ice,<br />

water containers, cups, fire extinguishers, first aid supplies, safety<br />

equipment, street and sidewalk rental, and FedEx-approved off-site<br />

storage space or facilities; and<br />

(xi) Reasonable attorneys' fees, incurred with FedEx's approval in connection<br />

with the prosecution of the Work.<br />

27

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