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<br />D. If Contractor encounters a Hazardous
<br />Environmental Condition or if Contractor or anyone
<br />for whom Contractor is responsible creates a
<br />Hazardous Environmental Condition, Contractor
<br />shall immediately: (i) secure or otherwise isolate
<br />such condition; (ii) stop all Work in connection with
<br />such condition and in any area affected thereby
<br />(except in an emergency as required by Paragraph
<br />6,16.A); and (iii) notify Owner and Engineer (and
<br />promptly thereafter confirm such notice in writing).
<br />Owner shall promptly consult with Engineer
<br />concerning the necessity for Owner to retain a
<br />qualified expert to evaluate such condition or take
<br />corrective action, if any.
<br />
<br />E. Contractor shall not be required to
<br />resume Work in connection with such condition or in
<br />any affected area until after Owner has obtained any
<br />required permits related thereto and delivered to
<br />Contractor written notice: (i) specifying that such
<br />condition and any affected area is or has been
<br />rendered safe for the resumption of Work; or (ii)
<br />specifying any special conditions under which such
<br />Work may be resumed safely. If Owner and
<br />Contractor cannot agree as to entitlement to or on
<br />the amount or extent, if any, of any adjustment in
<br />Contract Price or Contract Times, or both, as a result
<br />of such Work stoppage or such special conditions
<br />under which Work is agreed to be resumed by
<br />Contractor, either party may make a Claim therefor
<br />as provided in Paragraph 10.05.
<br />
<br />F. If after receipt of such written notice
<br />Contractor does not agree to resume such Work
<br />based on a reasonable belief it is unsafe, or does
<br />not agree to resume such Work under such special
<br />conditions, then Owner may order the portion of the
<br />Work that is in the area affected by such condition to
<br />be deleted from the Work. If Owner and Contractor
<br />cannot agree as to entitlement to or on the amount
<br />or extent, if any, of an adjustment in Contract Price
<br />or Contract Times as a result of deleting such
<br />portion of the Work, then either party may make a
<br />Claim therefor as provided in Paragraph 10.05.
<br />Owner may have such deleted portion of the Work
<br />performed by Owner's own forces or others in accor-
<br />dance with Article 7.
<br />
<br />G. To the fullest extent permitted by Laws
<br />and Regulations, Owner shall indemnify and hold
<br />harmless Contractor, Subcontractors, and Engineer,
<br />and the officers, directors, partners, employees,
<br />agents, consultants, and subcontractors of each and
<br />any of them from and against all claims, costs,
<br />losses, and damages (including but not limited to all
<br />fees and charges of engineers, architects, attorneys,
<br />and other professionals and all court or arbitration or
<br />other dispute resolution costs) arising out of or
<br />relating to a Hazardous Environmental Condition,
<br />
<br />provided that such Hazardous Environmental
<br />Condition: (i) was not shown or indicated in the
<br />Drawings or Specifications or identified in the
<br />Contract Documents to be included within the scope
<br />of the Work, and (ii) was not created by Contractor
<br />or by anyone for whom Contractor is responsible.
<br />Nothing in this Paragraph 4.06. G shall obligate
<br />Owner to indemnify any individual or entity from and
<br />against the consequences of that individual's or
<br />entity's own negligence.
<br />
<br />H. To the fullest extent permitted by Laws
<br />and Regulations, Contractor shall indemnify and
<br />hold harmless Owner and Engineer, and the officers,
<br />directors, partners, employees, agents, consultants,
<br />and subcontractors of each and any of them from
<br />and against all claims, costs, losses, and damages
<br />(including but not limited to all fees and charges of
<br />engineers, architects, attorneys, and other
<br />professionals and all court or arbitration or other
<br />dispute resolution costs) arising out of or relating to
<br />a Hazardous Environmental Condition created by
<br />Contractor or by anyone for whom Contractor is
<br />responsible. Nothing in this Paragraph 4.06.H shall
<br />obligate Contractor to indemnify any individual or
<br />entity from and against the consequences of that
<br />individual's or entity's own negligence.
<br />
<br />I. The provisions of Paragraphs 4.02, 4.03,
<br />and 4.04 do not apply to a Hazardous Environmental
<br />Condition uncovered or revealed at the Site.
<br />
<br />ARTICLE 5 - BONDS AND INSURANCE
<br />
<br />5.01 Performance, Payment, and Other Bonds
<br />
<br />A. Contractor shall furnish performance and
<br />payment bonds, each in an amount at least equal to
<br />the Contract Price as security for the faithful perfor-
<br />mance and payment of all of Contractor's obligations
<br />under the Contract Documents. These bonds shall
<br />remain in effect until one year after the date when
<br />final payment becomes due or until completion of
<br />the correction period specified in Paragraph 13.07,
<br />whichever is later, except as provided otherwise by
<br />Laws or Regulations or by the Contract Documents,
<br />Contractor shall also furnish such other bonds as
<br />are required by the Contract Documents.
<br />
<br />B. All bonds shall be in the form prescribed
<br />by the Contract Documents except as provided
<br />otherwise by Laws or Regulations, and shall be
<br />executed by such sureties as are named in the
<br />current list of "Companies Holding Certificates of
<br />Authority as Acceptable Sureties on Federal Bonds
<br />and as Acceptable Reinsuring Companies" as pub-
<br />lished in Circular 570 (amended) by the Financial
<br />
<br />EJCDC C-700 Standard General Conditions of the Construetion Contract.
<br />Copyright I[) 2002 National Society or Professional Engineers for EJCDC. All rights reserved.
<br />00700 - 15
<br />
<br />Final Version 01/07
<br />
<br />03-4197
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