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TranSystems Corporation - LGM Construction

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In the calculation of a “Cost of the Change”, neither Contractor nor any Subcontractor may<br />

include any cost fairly characterized as follows:<br />

(i) A cost that would otherwise fit within any of the categories described<br />

above to the extent that it exceeds the standard costs paid in the locality<br />

of the Site;<br />

(ii) The costs associated with the services of any of Contractor's or the<br />

Subcontractor’s officers or general office supervisory and clerical<br />

personnel or any of Contractor's or the Subcontractor’s personnel in its<br />

personnel, legal, labor relations, insurance, accounting, tax, purchasing<br />

and estimating departments, and all other costs associated with the<br />

maintenance and operation of Contractor's or the Subcontractor’s general<br />

offices and established branch offices other than the field office<br />

established at the Site;<br />

(iii) Interest costs associated with capital Contractor or the Subcontractor, as<br />

the case may be, employs in connection with the Work;<br />

(iv) Federal, State or local income and franchise taxes for which Contractor<br />

or the Subcontractor is liable;<br />

(v) Premiums for the performance and payment bonds and the insurance<br />

required in connection with the Work;<br />

(vi) The cost of document reproductions, facsimile transmissions, telephone<br />

service, internet service, postage, parcel delivery charges, photographs,<br />

blueprints, stationery, office supplies, and related miscellaneous costs<br />

that Contractor or the Subcontractor will incur in connection with the<br />

Work, except as expressly enumerated in the preceding sentence; and<br />

(vii) The cost of furniture, fixtures, office equipment and utility services<br />

Contractor or the Subcontractor will incur in connection with the<br />

operation of its field office at the Site.<br />

ARTICLE 10<br />

CONTRACTOR'S UNDERSTANDING<br />

Section 10.01. Examination of Site. (a) Contractor acknowledges that, by careful<br />

examination, it has satisfied itself as to the nature and location of the Work, the surface and subsurface<br />

features of the Site and the surrounding area, the character, quality and quantity of<br />

Materials needed prior to and during the prosecution of the Work, general and local conditions<br />

affecting the availability of Materials and Services, the availability of utility services at the Site,<br />

and all other matters that may affect the Work. Contractor also acknowledges that it has<br />

reviewed all available as-built and record drawings, plans and specifications for existing<br />

28

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