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<br /> <br />II <br />I <br />_J <br />II <br />I <br />- I <br /> <br />_J <br />} <br /> <br />IJ <br /> <br />II <br />- j <br /> <br />in this paragraph 4.06.E shall obligate OWNER to indemnify <br />any individual or entity from and againstlhe consequences of <br />that individual's or entity's own negligence. <br /> <br />H. To the fullest extent permitted by Laws and <br />Regulations, CONTRACTOR shall indemnify and hold <br />b.annless OWNER, ENGINEER, ENGINEER's Consultants, <br />and the officers, directors, partners, employees, agents, olher <br />consultants, and subcontractors of each and any of them from <br />and against all claims, costs, losses, and damages (including <br />but not limited to all fees and charges of engineers, <br />architects, attorneys, and other professionals and all court or <br />arbitration or other dispute resolution costs) arising out of or <br />relating to a Hazardous Environmental Condition created by <br />CONTRACTOR or by anyone for whom CONTRACTOR is <br />responsible. Nothing in this paragraph 4.06.F shall obligate <br />CONTRACTOR to indemnify any individual or entity from <br />and against the consequences of that individual's or entity's <br />own negligence. <br /> <br />I. The provisions of paragraphs 4.02, 4.03, and 4.04 <br />are not intended to apply to a Hazardous Environmental <br />Condition uncovered or revealed at the Site. <br /> <br />ARTICLE 5 - BONDS AND INSURANCE <br /> <br />5.01 Perfonnance. Paymenr. and Other Bonds <br /> <br />A. CONTRACTOR shall furnish performance and <br />payment Bonds, each in an amount at least equal to the <br />Contract Price as security for lhe faithful performance and <br />payment of all CONTRACTOR's obligations under the <br />Contract Documents. These Bonds sba1l remain in effect at <br />least until one year after the date when final payment <br />becomes due. except as provided otherwise by Laws or <br />Regu1ations or by the Contract Documems. CONTRACTOR <br />shaIl also furnish such other Bonds as are required by the <br />Contract Documents. <br /> <br />B. All Bonds shall be in lhe form prescribed by the <br />Contract Documents except as provided otherwise by Laws <br />or Regulations, and shall be executed by such sureties as are <br />named in the current list of "Companies Holding Certificates <br />of Authority as Acceptable Sureties on Federal Bonds and as <br />Acceptable Reinsuring Companies" as published in Circular <br />570 (amended) by the Financial Management Service. Surety <br />Bond Branch. U.S. Department of the Treasury. All Bonds <br />signed by an agent must be accompanied by a certified copy <br />of such agent's authority to act. <br /> <br />C. If the surety on any Bond furnished by CON- <br />TRACTOR is declared bankrupt or becomes insolvent or its <br />right to do business is terminated in any state where any part <br />of the Project is located or it ceases to meet the requirements <br /> <br />of paragraph 5.01.B, CONTRACTOR shall within 20 days <br />thereafter substitute another Bond and surety, both of which <br />sba1l comply with the requirements of paragraphs 5.01.B and <br />5.02. <br /> <br />5.02 Licensed Sureties and Insurers <br /> <br />A. All Bonds and insurance required by the Contract <br />Documents to be purchased and maintained by OWNER or <br />CONTRACTOR shall be obtained from surety or insurance - <br />companies that are duly licensed or authorized in the <br />jurisdiction in which the Project is located to issue Bonds or <br />insurance policies for the limits and coverages so required. <br />Such surety and insurance companies shall also meet such <br />additional requirements and qualifications as may be provided <br />in the Supplementary Conditions. <br /> <br />5.03 Certificates of Insurance <br /> <br />A. CONTRACTOR shall deliver to OWNER, with <br />copies to each additional insured identified in the Supple- <br />mentary Conditions, certificates of insurance (and other <br />evidence of insurance requested by OWNER or any other <br />additional insured) which CONTRACTOR is required to <br />purchase and maintain. OWNER shall deliver to <br />CONTRACTOR, with copies to each additional insured <br />identified in the Supplementary Conditions, certificates of <br />insurance (and other evidence of insurance requested by <br />CONTRACTOR or any other additional insured) which <br />OWNER is required to purchase and maintain. <br /> <br />5.04 CONTRACTOR's Liability Insurance <br /> <br />A. CONTRACTOR shall purchase and maintain such <br />liability and other insurance as is appropriate for the Work <br />being performed and as. will provide protection from claims <br />set forth below which may arise out of or result from <br />CONTRACTOR's performance of the Work and <br />CONTRACTOR's- other- obligations under - the Contract <br />Documents, whether it is to be performed. by <br />CONTRACTOR, any Subcontractor or Supplier, or by <br />anyone directly or indirectly employed by any of them to <br />perform any of the Work, or by anyone for whose acts any <br />of them may be liable: <br /> <br />1. claims under workers' compensation, disability <br />benefits, and other similar employee benefit acts; <br /> <br />2. claims for ~ges because of bodily injury, <br />occupational sickness or disease, or death of <br />CONTRACTOR's .employees; <br /> <br />,. <br />3. claims for damages because of bodily injury, <br />sickness or disease. or dealh of. any person olher than <br />CONTRACTOR's employees; <br /> <br />00700 - 15 <br />