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D. If Contractor encounters a Hazardous provided that such Hazardous Environmental
<br /> Environmental Condition or if Contractor or anyone Condition: (i) was not shown or indicated in the
<br /> for whom Contractor is responsible creates a Drawings or Specifications or identified in the
<br /> Hazardous Environmental Condition, Contractor Contract Documents to be included within the scope
<br /> shall immediately: (i) secure or otherwise isolate of the Work, and (ii) was not created by Contractor
<br /> such condition, (ii) stop all Work in connection with or by anyone for whom Contractor is responsible
<br /> such condition and in any area affected thereby Nothing in this Paragraph 4.06. G shall obligate
<br /> (except in an emergency as required by Paragraph Owner to indemnify any individual or entity from and
<br /> 6.18,A), and (iii) notify Owner and Engineer (and against the consequences of that individual's Or
<br /> promptly thereafter confirm such notice in writing). entity's own negligence:
<br /> Owner shall promptly consult with Engineer
<br /> concerning the necessity for Owner to retain a H. To We fullest extent permitted by laws
<br /> qualified expert to evaluate such condition or take and Regulations, Contractor shall indemnify and
<br /> corrective action,if any hold harmless Owner and Engineer. and the officers,
<br /> directors, partners, employees, agents, consultants.
<br /> E. Contractor shall not be required to and subcontractors of each and any of them from
<br /> resume Work in connection with such condition or in and against an claims, costs, losses, and damages
<br /> any affected area until after Owner has obtained any (including but not limited to all fees and charges of
<br /> required permits related thereto and delivered to engineers, architects, attorneys, and other
<br /> Contractor written notice: (i) specifying that such professionals and all court or arbitration or other
<br /> condition and any affected area is or has been dispute resolution costs)arising out of or relating to
<br /> rendered safe for the resumption of Work; or (ii) a Hazardous Environmental Condition created by
<br /> specifying any special conditions under which such Contractor or by anyone for whom Contractor is
<br /> Work may be resumed safely. If Owner and responsible Nothing in this Paragraph 4.06 H shall
<br /> Contractor cannot agree as to entitlement to or on obligate Contractor to indemnify any individual or
<br /> the amount or extent, if any, of any adjustment in entity from and against the consequences of that
<br /> Contract Price or Contract Times.or both,as a result individual's or entity's own negligence
<br /> of such Work stoppage or such special conditions
<br /> under which Work is agreed to be resumed by I. The provisions of Paragraphs 4,02, 4,03,
<br /> Contractor either party may make a Claim therefor and 4.04 do not apply to a Hazardous Environmental
<br /> as provided in Paragraph 10.05. Condition uncovered or revealed at the Site
<br /> E. If after receipt of such written notice
<br /> Contractor does not agree to resume such Work ARTICLE 5-BONDS AND INSURANCE
<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 5.01 Performance.Payment, and Other Bonds
<br /> Work that is in the area affected by such condition to
<br /> be deleted from the Work. If Owner and Contractor A. Contractor shall furnish performance and
<br /> cannot agree as to entitlement to or on the amount payment bonds each in an amount at least equal to
<br /> or extent, if any of an adjustment in Contract Price the Contract Price as security for the faithful perfor-
<br /> or Contract Times as a result of deleting such mance and payment of all of Contractors obligations
<br /> portion of the Work, then either party may make a under the Contract Documents. These bonds shalt
<br /> Claim therefor as provided in Paragraph 10.05 remain in effect until one year after the date when
<br /> Owner may have such deleted portion of the Work final payment becomes due or until completion of
<br /> performed by Owner's own forces or others in actor- the correction period specified in Paragraph 13.07.
<br /> dance with Article 7 whichever is later, except as provided otherwise by
<br /> Laws or Regulations or by the Contract Documents
<br /> G. To the fullest extent permitted by Laws Contractor shall also furnish such other bonds as
<br /> and Regulations, Owner shall indemnify and hold are required by the Contract Documents.
<br /> harmless Contractor, Subcontractors and Engineer,
<br /> and the officers, directors. partners, employees, B. All bonds shall be in the form prescribed
<br /> agents, consultants, and subcontractors of each and by the Contract Documents except as provided
<br /> any of them from and against all claims, costs. otherwise by Laws or Regulations, and shall be
<br /> losses, and damages(including but not limited to all executed by such sureties as are named in the
<br /> fees and charges of engineers,architects,attorneys, current list of "Companies Holding Certificates of
<br /> and other professionals and all court or arbitration or Authority as Acceptable Sureties on Federal Bonds
<br /> other dispute resolution costs) arising out of or and as Acceptable Reinsuring Companies' as pub-
<br /> relating to a Hazardous Environmental Condition, lisped in Circular 570 (amended) by the Financial
<br /> Lk DC C•100 Standard General Conditions or the Construction Contract,
<br /> Copyright c 2002 National Society of Professional Engineers for EJCDC. III rights entered.
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<br /> 03112 11-4179
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