|
' special conditions under which such Work may be resumed
<br /> 4 . 06 Hazardous Environmental Condition at Site safely. If OWNER and CONTRACTOR cannot agree as to
<br /> entitlement to or on the amount or extent, if any, of any
<br /> ' A. Reports and Drawings: Reference is made to the adjustment in Contract Price or Contract Times, or both,
<br /> as a
<br /> Supplementary Conditions for the identification of those reports result of such Work stoppage or such special conditions under
<br /> and drawings relating to a Hazardous Environmental Condition which Work is agreed to be resumed by CONTRACTOR, either
<br /> identified at the Site, if any , that have been utilized by the party may make a Claim therefore
<br /> as provided in paragraph
<br /> ' ENGINEER in the preparation of the Contract Documents . 10 . 05.
<br /> B . Limited Reliance by CONTRACTOR on Technical F . If after receipt of such written notice CONTRACTOR
<br /> Data Authorized. CONTRACTOR may rely upon the general does not agree to resume such Work based on a reasonable
<br /> ' accuracy of the `technical data" contained in such reports and belief it is unsafe, or does not agree to resume such
<br /> Work under
<br /> drawings , but such reports and drawings are not Contract such special conditions , then OWNER may order the
<br /> portion of
<br /> Documents . Such "technical data" is identified in the the Work that is in the area affected by such
<br /> condition to be
<br /> Supplementary Conditions . Except for such reliance on such deleted from the Work. If OWNER and CONTRACTOR cannot
<br /> "technical data ," CONTRACTOR may not rely upon or make agree as to entitlement to or on the amount or extent,
<br /> if any, of
<br /> any Claim against OWNER, ENGINEER or any of ENGINEER's an adjustment in Contract Price or Contract Times as a result of
<br /> Consultants with respect to: deleting such portion of the Work , then either party may make a
<br /> Claim therefore as provided in paragraph 10. 05. OWNER may
<br /> ' 1 . the completeness of such reports and drawings have such deleted portion of the Work performed by OWNER's
<br /> for CONTRACTOR's purposes, including , but not limited own forces or others in accordance with Article 7.
<br /> to, any aspects of the means , methods , techniques ,
<br /> sequences and procedures of construction to be G . To the fullest extent permitted by Laws and
<br /> ' employed by CONTRACTOR and safety precautions Regulations, OWNER shall indemnify and hold harmless
<br /> and programs incident thereto; or CONTRACTOR, Subcontractors , ENGINEER, ENGINEER's
<br /> Consultants and the officers, directors , partners , employees ,
<br /> 2. other data , interpretations , opinions and agents , other consultants, and subcontractors of each and any
<br /> ' information contained in such reports or shown or of them from and against all claims , costs , losses ,
<br /> and damages
<br /> indicated in such drawings ; or (including but not limited to all fees and charges of engineers ,
<br /> architects , attorneys , and other professionals and all court or
<br /> 3. any CONTRACTOR interpretation of or arbitration or other dispute resolution costs ) arising out of or
<br /> conclusion drawn from any "technical data" or any such relating to a Hazardous Environmental Condition, provided that
<br /> other data , interpretations, opinions or information . such Hazardous Environmental Condition: (i ) was not shown or
<br /> indicated in the Drawings or Specifications or identified in the
<br /> C. CONTRACTOR shall not be responsible for any Contract Documents to be included within the scope
<br /> of the
<br /> ' Hazardous Environmental Condition uncovered or revealed at Work, and (ii ) was not created by CONTRACTOR or by anyone
<br /> the Site which was not shown or indicated in Drawings or for whom CONTRACTOR is responsible . Nothing in
<br /> this para-
<br /> Specifications or identified in the Contract Documents to be graph 4 . 06. E shall obligate OWNER to indemnify any
<br /> individual
<br /> within the scope of the Work. CONTRACTOR shall be or entity from and against the consequences of that individual's
<br /> ' responsible for a Hazardous Environmental Condition created or entity's own negligence.
<br /> with any materials brought to the Site by CONTRACTOR,
<br /> Subcontractors , Suppliers , or anyone else for whom CON- H . To the fullest extent permitted by Laws and
<br /> TRACTOR is responsible. Regulations , CONTRACTOR shall indemnify and hold harmless
<br /> ' OWNER, ENGINEER, ENGINEER's Consultants , and the
<br /> D . If CONTRACTOR encounters a Hazardous officers , directors , partners, employees , agents , other
<br /> Environmental Condition or if CONTRACTOR or anyone for consultants, and subcontractors of each and any of them from
<br /> whom CONTRACTOR is responsible creates a Hazardous and against all claims , costs , losses , and damages
<br /> (including
<br /> ' Environmental Condition , CONTRACTOR shall immediately: (i ) but not limited to all fees and charges of engineers ,
<br />architects ,
<br /> secure or otherwise isolate such condition; (ii ) stop all Work in attorneys , and other professionals and all court or
<br /> arbitration or
<br /> connection with such condition and in any area affected thereby other dispute resolution costs ) arising out of or
<br /> relating to a
<br /> (except in an emergency as required by paragraph 6. 16); and Hazardous Environmental Condition created by CONTRACTOR
<br /> ' (iii) notify OWNER and ENGINEER (and promptly thereafter or by anyone for whom CONTRACTOR is responsible. Nothing
<br /> confirm such notice in writing ). OWNER shall promptly consult in this paragraph 4 . 06. F shall obligate
<br /> CONTRACTOR to
<br /> with ENGINEER concerning the necessity for OWNER to retain indemnify any individual or entity from and against the
<br /> a qualified expert to evaluate such condition or take corrective consequences of that individual 's or entity's own negligence.
<br /> action , if any.
<br /> I . The provisions of paragraphs 4 . 02, 4 . 03, and 4 . 04 are
<br /> E . CONTRACTOR shall not be required to resume Work not intended to apply to a Hazardous Environmental Condition
<br /> in connection with such condition or in any affected area until uncovered or revealed at the Site.
<br /> after OWNER has obtained any required permits related thereto
<br /> and delivered to CONTRACTOR written notice: (i ) specifying
<br /> that such condition and any affected area is or has been
<br /> rendered safe for the resumption of Work ; or ( ii ) specifying any
<br /> 044572000
<br /> 00700 - 12
<br />
|