verifying the presence or absence of such material or substance or who are to perform the task of remov 11 or safe
<br /> P
<br /> containment of such material or substance . The Contractor and the Architect will promptly reply to the Owner in
<br /> writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner, and
<br /> in the event of an objection, the Ownerspecific reasons therefor. If either the Contractor or Architect has atra
<br /> reasonable objection to a person or entity proposed by the Owner-, Owner and fully complies with the next
<br /> proceeding sentence, the Owner shall propose another to whom the Contractor and the Architect have no reasonable
<br /> objection. When If the absence of the material or substance is verified, Work shall immediately resume without
<br /> adjustment of the Contract Time or the Contract sum. If the presence of the material or substance is ver fled when
<br /> the material or substance has been rendered harmless , Work in the affected area shall resume upon writtc n
<br /> agreement of the Owner and Contractor. The Contract Time shall be extended appfepriately-if and as a ro riate
<br /> and the Contract Sum shall be increased in the amount of the Contractor' s reasonable additional and incurred costs
<br /> of shut-down, delay and start-up, if any, which adjustments shall be accomplished as provided in Article 7 .
<br /> § 10.3.3 To the fullest extent permitted by law, and without waiving sovereign immunity or extending the liability of
<br /> the Owner beyond the limits of Florida Statutes section 768 .28 , the Owner shall indemnify and hold h ess the
<br /> Contractor; Subcontractors, Architect, Architect' s consultants and agents and employees of any of them rom and
<br /> against ^claimdamages, losses and expenses, including but not limited to attorneys ' fees, arising out of or resulting
<br /> from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily
<br /> injury or death as described in: Section 10.3 . 1 and has not been rendered harmless, provided that suchamage,
<br /> loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destructiontot;"Miblen
<br /> property (other than the Work itself) and provided that such damage, loss or expense is not due to the sole
<br /> negligence of''a party seeking indemnity.
<br /> § 10.4 The Owner shall not be responsible under Section 10. 3 for materials and substances brought to the site by the
<br /> Contractor unless such materials or substances were required by the Contract Documents .
<br /> § 10.5 If, without negligence on the part of the Contractor, or a breach of relevant provisions of the Contrl ct
<br /> Documents, the Contractor is held liable for the cost of remediation of a hazardous material or substance solely by
<br /> reason of performing Work as required by the Contract Documents, the Owner shall indenmi€y-indemnif to the
<br /> extent permitted provided by Florida law, and without waiving sovereign immunity or extending the liab .lity of the
<br /> Owner beyond the limits of Florida Statutes section 768 .28 , the Contractor for all cost and expense thereby
<br /> incurred.
<br /> § 10.6 EMERGENCIES
<br /> § 10.6.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor' s
<br /> discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by
<br /> the Contractor on account of an emergency shall be determined as provided in Section 4.3 and Article 7 .
<br /> ARTICLE 11 INSURANCE AND BONDS`
<br /> § 11 .1 CONTRACTOR'S LIABILITY INSURANCE
<br /> § 11.1 .1 The Contractor shall purchase from and maintain in-with a companyer- eempanies lawfu4y-authc rized to do
<br /> business in the ' tate of Florida with a Best Key Rating of A- 11111. all
<br /> such insurance as will protect the wner against any and all claims set fbi4h belew win".
<br /> out of for damages_to persons or property as a result €rem f actions of the Gent-ac' s ontractor' s o e ations
<br /> under the Contract and for which the Contractor may be legally liable whether such operations be by the Contractor
<br /> or by a Subcontractor or by anyone directly or indirectly employed by any of them or by anyone for who a acts an
<br /> of them may be' liableaiable. The Contractor shall maintain the followingcoverages ;
<br /> .1 Workers' Compensation — Workers ' compensation to meet statutory limits in compliance with
<br /> Florida Law. This policymust include employers ' liabilitywith a minimum of 500 000 e ch
<br /> accident $500,000 disease policy limit, and $ 100.000 disease each employee ;.2 Com ercial
<br /> General Liability — A per occurrence form volicy. including Premise Operations. Independent
<br /> Contractors Products and Completed Operations including Broad Form ProRerty Damage, Broad
<br /> Form Property Damage Endorsement, with a combined single limit of not less than $5 ,000 ,000
<br /> general aggregate to include products/completed operations, personal injury./advertising injury./advertisingli bility, fire
<br /> damage/legal liability, and medical payments. Limits can be layered with an Excess Liability Policy
<br /> (Umbrella) .3 Business Auto Liability —Coverage shall include Owned vehicles H red/Non-
<br /> AIA Document A201T"" - 1997. Copyright 0 1911 , 1915, 1918, 1925, 1937 1951 , 1958, 1961 , 1963, 1966, 1967, 1970, 1976, 1987 and 1997
<br /> by The
<br /> American Institute of Architects. All rights reserved. WARNING : This A10 Document Is protected by U.S. Copyright Law and International Treaties.
<br /> 34
<br /> Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result In severe civil and criminal penalties, and will be
<br /> prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:00:02 on 04/19/200$ under Order
<br /> No. 1000126313_I which expires on 6/29/2005, and is not for resale.
<br /> User Notes: (1205244124)
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