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41 14
<br /> CONTRACTOR written notice : ( i ) specifying that such engineers , architects , attorneys , and other
<br /> condition and any affected area is or has been professionals and all court or arbitration or other
<br /> rendered safe for the resumption of Work ; or ( ii ) dispute resolution costs ) arising out of or relating to a
<br /> specifying any special conditions under which such Hazardous Environmental Condition created by
<br /> Work may be resumed safely. If OWNER and CONTRACTOR or by anyone for whom
<br /> CONTRACTOR cannot agree as to entitlement to or CONTRACTOR is responsible . Nothing in this
<br /> on the amount or extent , if any, of any adjustment in paragraph 4 . 06 . E shall obligate CONTRACTOR to
<br /> Contract Price or Contract Times , or both , as a result indemnify any individual or entity from and against
<br /> the
<br /> of such Work stoppage or such special conditions consequences of that individual 's or entity's own
<br /> neglk
<br /> under which Work is agreed to be resumed by gence .
<br /> CONTRACTOR , either party may make a Claim
<br /> therefor as provided in paragraph 10 . 05 . I . The provisions of paragraphs 4 . 02 , 4 . 03 , and
<br /> 4 . 04 are not intended to apply to a Hazardous
<br /> F . If after receipt of such written notice Environmental Condition uncovered or revealed at the
<br /> CONTRACTOR does not agree to resume such Work Site .
<br /> based on a reasonable belief it is unsafe , or does not
<br /> agree to resume such Work under such special condi-
<br /> tions , then OWNER may order the portion of the Work ARTICLE 5 - BONDS AND INSURANCE
<br /> that is in the area affected by such condition to be
<br /> deleted from the Work . If OWNER and CON -
<br /> TRACTOR cannot agree as to entitlement to or on the 5 . 01 Performance, Payment, and Other Bonds
<br /> amount or extent, if any, of an adjustment in Contract
<br /> Price or Contract Times as a result of deleting such
<br /> portion of the Work , then either party may make a and payment Bonds , each in an amount at le
<br /> equal
<br /> Claim therefor as provided in paragraph 10 . 05 .
<br /> OWNER may have such deleted portion of the Work
<br /> performed by OWNER's own forces or others in obligatilGIRS 6IRdep the Ge
<br /> accordance with Article 7 ,
<br /> G . To the fullest extent permitted by Laws and
<br /> , ,d nthizimvise by Laws- ()F RegulateRs
<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
<br /> consultants , and subcontractors of each and any of B . All Bonds shall be in the form prescribed
<br /> by
<br /> them from and against all claims , costs , losses , and the Contract Documents except as provided otherwise
<br /> damages ( including but not limited to all fees and by Laws or Regulations , and shall
<br /> be executed by
<br /> charges of engineers , architects , attorneys , and other such sureties as are named in the current list of "Com
<br />-
<br /> professionals and all court or arbitration or other panies Holding Certificates of Authority as Acceptable
<br /> dispute resolution costs ) arising out of or relating to a Sureties on Federal Bonds and as Acceptable
<br /> Hazardous Environmental Condition , provided that Reinsuring Companies" as published in Circular 570
<br /> such Hazardous Environmental Condition : ( i ) was not (amended ) by the Financial Management Service ,
<br /> shown or indicated in the Drawings or Specifications Surety Bond Branch , U . S . Department of the
<br /> or identified in the Contract Documents to be included Treasury. All Bonds signed by an agent must
<br /> be
<br /> within the scope of the Work , and ( ii) was not created accompanied by a certified copy of such agent's
<br /> by CONTRACTOR or by anyone for whom authority to act.
<br /> CONTRACTOR is responsible . Nothing in this para-
<br /> graph 4 . 06 . E shall obligate OWNER to indemnify any C . If the surety on any Bond furnished by CON -
<br /> individual or entity from and against the consequences TRACTOR is declared bankrupt or becomes insolvent
<br /> of that individual 's or entity's own negligence , or its right to do business is terminated in any
<br /> state
<br /> where any part of the Project is located or it ceases to
<br /> H . To the fullest extent permitted by Laws and meet the requirements of paragraph 5 .
<br />01 . 137
<br /> Regulations , CONTRACTOR shall indemnify and hold CONTRACTOR shall within 20 days thereafter
<br /> harmless OWNER, ENGINEER , ENGINEER's substitute another Bond and surety, both of which
<br /> Consultants , and the officers , directors , partners , shall comply with the requirements of paragraphs
<br /> employees , agents , other consultants , and 5 . 01 . 13 and 5 . 02 ,
<br /> subcontractors of each and any of them from and
<br /> against all claims , costs , losses , and damages 5 . 02 Licensed Sureties and Insurers
<br /> ( including but not limited to all fees and charges of
<br /> 00700 - General Conditions REV 04-07 .doc
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