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connection with such condition and in any area by CONTRACTOR or by anyone for whom
<br /> affected thereby (except in an emergency as required CONTRACTOR is responsible . Nothing in this para-
<br /> by paragraph 6 . 16); and (iii) notify OWNER and ENGI- graph 4 .06 . E shall obligate OWNER to indemnify any
<br /> NEER (and promptly thereafter confirm such notice in individual .or entity from and against the consequences
<br /> writing). OWNER shall promptly consult with of that individual 's or entity's own negligence .
<br /> ENGINEER concerning the necessity for OWNER to
<br /> retain a qualified expert to evaluate such condition or H . To the fullest extent permitted by Laws and
<br /> take corrective action , if any. Regulations, CONTRACTOR shall indemnify and hold
<br /> harmless OWNER, ENGINEER, ENGINEER's
<br /> E . CONTRACTOR shall not be required to Consultants , and the officers , directors , partners ,
<br /> resume Work in connection with such condition or in employees, agents, other consultants , and
<br /> any affected area until after OWNER has obtained subcontractors of each and any of them from and
<br /> any required permits related thereto and delivered to against all claims , costs , losses , and damages
<br /> CONTRACTOR written notice: (i ) specifying that such (including but not limited to all fees and charges of
<br /> condition and any affected area is or has been engineers , architects , attorneys , and other
<br /> rendered safe for the resumption of Work; or (ii) professionals and all court or arbitration or
<br /> other
<br /> specifying any special conditions under which such dispute resolution costs) arising out of or relating to a
<br /> Work may be resumed safely. If OWNER and Hazardous Environmental Condition created by
<br /> CONTRACTOR cannot agree as to entitlement to or CONTRACTOR or by anyone for whom
<br /> on the amount or extent, if any, of any adjustment in CONTRACTOR is responsible . Nothing in this
<br /> Contract Price or Contract Times , or both , as a result paragraph 4 . 06 . F shall obligate CONTRACTOR to
<br /> of such Work stoppage or such special conditions indemnify any individual or entity from and against the
<br /> under which Work is agreed to be resumed by consequences of that individual 's or entity's own negli-
<br /> CONTRACTOR, either party may make a Claim gence.
<br /> therefor as provided in paragraph 10 . 05 .
<br /> I . The provisions of paragraphs 4 .02 , 4 . 03, and
<br /> F . If after receipt of such written notice 4 .04 are not intended to apply to a Hazardous
<br /> CONTRACTOR does not agree to resume such Work Environmental Condition uncovered or revealed at the
<br /> based on a reasonable belief it is unsafe , or does not Site .
<br /> agree to resume such Work under such special condi-
<br /> tions , then OWNER may order the portion of the Work
<br /> that is in the area affected by such condition to be ARTICLE 5 - BONDSAND INSURANCE
<br /> deleted from the Work. If OWNER and CON -
<br /> TRACTOR cannot agree as to entitlement to or on the
<br /> amount or extent, if any, of an adjustment in Contract 5 . 01 Performance, Payment, and Other Bonds
<br /> Price 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 . anon s , each in an amount at least equal
<br /> OWNER may have such deleted portion of the Work
<br /> performed by OWNER's own forces or others in FREIRGe and payment of all GONITIR.A.CTOR's
<br /> accordance with Article 7 ,
<br /> G . To the fullest extent permitted by Laws and afteF the date when fiRai payment beGGM96 due
<br />,
<br /> Regulations , OWNER shall indemnify and hold
<br /> harmless CONTRACTOR, Subcontractors , ENGI -
<br /> NEER, ENGINEER's Consultants and the officers ,
<br /> directors , partners , employees , agents , other GGAtFaGt POGUFABRtS ,
<br /> consultants , and subcontractors of each and any of
<br /> them from and against all claims , costs , losses , and B . All Bonds shall be in the form prescribed by
<br /> damages (including but not limited to all fees and the Contract Documents except as provided otherwise
<br /> charges of engineers , architects , attorneys , and other by Laws or Regulations , and shall be executed by
<br /> professionals and all court or arbitration or other such sureties as are named in the current list of "Com -
<br /> dispute resolution costs ) arising out of or relating to a panies Holding Certificates of Authority as Acceptable
<br /> Hazardous Environmental Condition , provided that Sureties on Federal Bonds and as Acceptable
<br /> such Hazardous Environmental Condition : (i ) was not Reinsuring Companies" as published in Circular 570
<br /> shown or indicated in the Drawings or Specifications (amended ) by the Financial Management Service ,
<br /> or identified in the Contract Documents to be included Surety Bond Branch , U . S . Department of the
<br /> within the scope of the Work, and (ii) was not created Treasury. All Bonds signed by an agent must be
<br /> 00700 - General Conditions REV 04-07
<br /> 00700 - 14
<br /> FAEngineering\Capital Projects\0604-12th St Sidewalk Improve between 43rd Ave & 27th Ave\Bid Documents\00700 - General Conditions REV 04-07 .doc
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