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9. 10.5 Acceptance of final payment b the Contractor, a Subcontractor Sub-subcontractor,P p Y Y b subcontractor
<br /> and eguip ent or
<br /> material supplier shall constitute a waiver of claims by that payee except those previously made in writ ng and
<br /> identified by that payee as unsettled at the time of final Application for Payment.
<br /> ARTICLE' 10 PROTECTION OF PERSONS AND PROPERTY
<br /> § 10.1 SAFETY PRECAUTIONS AND PROGRAMS
<br /> § 10.1 . 1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precau ions and
<br /> programs in connection with the performance of the Contract.
<br /> §'--10.2 SAFETY OF PERSONS AND PROPERTY
<br /> § 10.2. 1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable pro ection to
<br /> prevent damage, injury or loss to :
<br /> A employees on the Work and other persons who may be affected thereby ;
<br /> .2 the Work and materials and equipment to be incorporated therein, whether in storage on r off the
<br /> site, under care, custody or control of the Contractor or the Contractor' s Subcontractors r Sub-
<br /> subcontractors; and
<br /> .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements,
<br /> roadways, structures and utilities not designated for removal , relocation or replacement in the course
<br /> of construction!
<br /> § 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulatior s and lawful
<br /> orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss.
<br /> § 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of eContract,
<br /> reasonable safeguards for safety and protection, including posting danger signs and other warnings agai st hazards,
<br /> promulgating safety regulations and notifying owners and users of adjacent sites and utilities.
<br /> § 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual metho s are
<br /> necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activiti s under
<br /> supervisionof properly qualified personnel.
<br /> § 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property
<br /> insurance required by the Contract Documents) to property referred to in Sections 10.2. 1 .2 and 10. 2 . 1 . 3 mused in
<br /> whole or in part by the Contractor, a 'Subcontractor, a Sub-subcontractor, or anyone directly or indirectI3 employed
<br /> by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsi Me under
<br /> Sections 10.2. 1 .2 and 10.2. 1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or
<br /> anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable,
<br /> and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in
<br /> addition to the Contractor' s obligations under Section 3 . 18 .
<br /> § 10.2.6 The Contractor shall 'designate a responsible member of the Contractor' s organization at the site whose duty
<br /> shall be the prevention of accidents. This person shall be the Contractor' s superintendent unless otherwi e
<br /> designated by the Contractor in writing to the Owner and Architect.
<br /> §' 10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its
<br /> safety.
<br /> § 10.3 HAZARDOUS MATERIALS
<br /> § 10.3. 1 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons
<br /> resulting from a material or substance , including but not limited to asbestos or polychlorinated biphenyl I[PCB ),
<br /> encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immedialely stop
<br /> any ongoing Work in the affected area and report the condition to the Owner and Architect in writing .
<br /> § 10.3.2 The Owner shall obtain the services of a licensed laboratory to verify the presence or absence of �he material
<br /> or substance reported by the Contractor and, in the event such material or substance is found to be preset, to verify
<br /> that it has been rendered harmless . Unless otherwise required by the Contract Documents, the Owner shall furnish in
<br /> writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests
<br /> AIA Document A201TIR - 1997. Copyright ® 1911 , 19152 1918, 1925, 1937, 19519 19580 1961 , 1963, 1966, 1967, 1970, 1976, 1987 a d 1997
<br /> by The
<br /> American Institute of Architects. All rights reserved. WARNING: This AIAs Document is protected by U.S. Copyright Law and International Treaties.
<br /> 33
<br /> Unauthorized reproduction or distribution of this AIA! Document, or any portion of it, may result In severe civil and criminal penalties, and will be
<br /> prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13 :00:02 on 04/19/2005 under Order
<br /> No. 1000126313_1 which expires on 6/29/2005, and is not for resale.
<br /> User Notes: (1205244124)
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