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ATHENEX, INC. filed this Form 10-Q on 05/09/2019
Entire Document


(Provide information below or reference an attachment.)

See Exyte Cost Breakdown of Guaranteed Maximum Price, including Design-Builder's fee, attached hereto as EXHIBIT 1.   


The Guaranteed Maximum Price is based on the total dollar value of the Project and shall not be considered a line-item GMP.  For the avoidance of doubt, Design-Builder is striving to ensure that that Project’s overall Final Cost is delivered at or under the GMP amount; however, Design-Builder is not guaranteeing to meet any particular line-item amount. As such, Design-Builder shall have the authority to reallocate funds within the GMP value as necessary, without increasing the GMP budget.  

§ A.​ The​ Guaranteed Maximum Price is based on the following alternates, if any, which are described in the Design-Build Documents and are hereby accepted by the Owner:

(State the numbers or other identification of accepted alternates. If the Owner is permitted to accept other alternates subsequent to the execution of this Third Amendment, attach a schedule of such other alternates showing the change in the Cost of the Work and Guaranteed Maximum Price for each and the deadline by which the alternate must be accepted.)



GMP includes equipment purchases for Boilers, Chillers and Cooling Towers as outlined in signed Recommendation to Award, (RTA), executed prior to execution of this Agreement.  



Additional requests by Athenex to reduce scope and defer various areas/equipment are incorporated into this price; however, contract documents (drawings and specifications) have not been updated to reflect the reduced scope.  Drawings 1-A-214_RJ_Notes_25OCT18 and 1-A-224_RI_Notes_22OCT18 as outlined on the Drawings list (Exhibit 3) clearly identify the scope reduction areas.  GMP pricing sheets as shown in Exhibit 1 (dated March 1, 2019) hereto outline the process equipment and other items removed from the GMP and associated scopes of work (including but not limited to other disciplines such as mechanical, electrical, architectural, and controls).  For the avoidance of doubt, the following packages  have been removed from the GMP and associated scopes of work:


Bid Package Number

Bid Package Description


Formulation Tanks and Platforms




Transfer and Utility Panels


Syringe Assembly and labeling


Downflow Booths


Mixproof Valve Manifold




GMP price includes costs for winter conditions, temporary in-fills, temporary power and temporary heat as previously agreed and currently being executed to maintain the project schedule.  Owner agrees that these costs are included within the GMP and shall be reimbursed.    

§ A.​ Unit Prices, if any: 

(Identify item, state the unit price, and state any applicable quantity limitations.)


Units and Limitations

Price per Unit ($0.00)


§ A.1.4.3.Assumptions, if any, on which the Guaranteed Maximum Price is based:

GMP is based on Phase 1 area only, including equipment lists and User Requirements Specification Number 5, dated February 20, 2018.