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4 . 06 Hazardous Environmental Condition at Site (i) specifying that such condition and any affected area is
<br /> or has been rendered safe for the resumption of Work ; or
<br /> A . Reports and Drawings: Reference is made to the ( ii ) specifying any special conditions under which such
<br /> Supplementary Conditions for the identification of those Work may be resumed safely . If Owner and Contractor
<br /> reports and drawings relating to a Hazardous cannot agree as to entitlement to or on the amount or
<br /> Environmental Condition identified at the Site , if any , that extent, if any, of any adjustment in Contract Price or
<br /> have been utilized by the Engineer in the preparation of Contract Times , or both , as a result of such Work stop-
<br /> the Contract Documents . page or such special conditions under which Work is
<br /> agreed to be resumed by Contractor, either party may
<br /> B . Limited Reliance by Contractor on Technical Data make a Claim therefor as provided in Paragraph 10 . 05 .
<br /> Authorized: Contractor may rely upon the general
<br /> accuracy of the "technical data" contained in such reports F . If after receipt of such written notice Contractor does
<br /> and drawings , but such reports and drawings are not not agree to resume such Work based on a reasonable
<br /> Contract Documents . Such "technical data" is identified belief it is unsafe, or does not agree to resume such Work
<br /> in the Supplementary Conditions . Except for such reliance under such special conditions , then Owner may order the
<br /> on such "technical data, " Contractor may not rely upon or portion of the Work that is in the area affected by such
<br /> make any claim against Owner or Engineer, or any of condition to be deleted from the Work . If Owner and
<br /> their Related Entities with respect to : Contractor cannot agree as to entitlement to or on the
<br /> amount or extent, if any , of an adjustment in Contract
<br /> 1 . the completeness of such reports and drawings Price or Contract Times as a result of deleting such
<br /> for Contractor ' s purposes , including, but not limited portion of the Work, then either party may make a Claim
<br /> to, any aspects of the means , methods, techniques , therefor as provided in Paragraph 10 . 05 . Owner may have
<br /> sequences and procedures of construction to be such deleted portion of the Work performed by Owner ' s
<br /> employed by Contractor and safety precautions and own forces or others in accordance with Article 7 .
<br /> programs incident thereto ; or
<br /> G . To the fullest extent permitted by Laws and
<br /> 2 . other data, interpretations , opinions and Regulations , Owner shall indemnify and hold harmless
<br /> information contained in such reports or shown or Contractor, Subcontractors , and Engineer, and the
<br /> indicated in such drawings ; or officers, directors , partners , employees , agents ,
<br /> consultants , and subcontractors of each and any of them
<br /> 3 . any Contractor interpretation of or conclusion from and against all claims , costs , losses , and damages
<br /> drawn from any "technical data" or any such other ( including but not limited to all fees and charges of
<br /> data, interpretations, opinions or information . engineers, architects, attorneys , and other professionals
<br /> and all court or arbitration or other dispute resolution
<br /> C . Contractor shall not be responsible for any Hazardous costs) arising out of or relating to a Hazardous
<br /> Environmental Condition uncovered or revealed at the Environmental Condition , provided that such Hazardous
<br /> Site which was not shown or indicated in Drawings or Environmental Condition : ( i) was not shown or indicated
<br /> Specifications or identified in the Contract Documents to in the Drawings or Specifications or identified in the
<br /> be within the scope of the Work . Contractor shall be Contract Documents to be included within the scope of
<br /> responsible for a Hazardous Environmental Condition the Work, and ( ii ) was not created by Contractor or by
<br /> created with any materials brought to the Site by anyone for whom Contractor is responsible . Nothing in
<br /> Contractor, Subcontractors, Suppliers , or anyone else for this Paragraph 4 . 06G shall obligate Owner to indemnify
<br /> whom Contractor is responsible . any individual or entity from and against the conse-
<br /> quences of that individual ' s or entity ' s own negligence .
<br /> D . If Contractor encounters a Hazardous Environmental
<br /> Condition or if Contractor or anyone for whom Contractor H . To the fullest extent permitted by Laws and
<br /> is responsible creates a Hazardous Environmental Regulations, Contractor shall indemnify and hold
<br /> Condition , Contractor shall immediately : ( i ) secure or harmless Owner and Engineer, and the officers , directors ,
<br /> otherwise isolate such condition ; ( ii ) stop all Work in partners , employees , agents , consultants , and
<br /> connection with such condition and in any area affected subcontractors of each and any of them from and against
<br /> thereby (except in an emergency as required by Paragraph all claims , costs , losses , and damages (including but not
<br /> 6 . 16 . A ); and ( iii ) notify Owner and Engineer (and limited to all fees and charges of engineers, architects,
<br /> promptly thereafter confirm such notice in writing) . attorneys , and other professionals and all court or
<br /> Owner shall promptly consult with Engineer concerning arbitration or other dispute resolution costs) arising out of
<br /> the necessity for Owner to retain a qualified expert to or relating to a Hazardous Environmental Condition
<br /> evaluate such condition or take corrective action , if any . created by Contractor or by anyone for whom Contractor
<br /> is responsible . Nothing in this Paragraph 4 . 06 . H shall
<br /> E . Contractor shall not be required to resume Work in obligate Contractor to indemnify any individual or entity
<br /> connection with such condition or in any affected area from and against the consequences of that individual ' s or
<br /> until after Owner has obtained any required permits entity ' s own negligence .
<br /> related thereto and delivered to Contractor written notice :
<br /> EJCDC C-700 Standard General Conditions of the Construction Contract.
<br /> Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved .
<br /> 00700 - 14
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