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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 />-
<br /> by paragraph 6 . 16 ) , and ( iii ) notify OWNER and ENGI - graph 4 . 06 . E shall obligate OWNER to
<br /> 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
<br /> 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
<br /> damages
<br /> CONTRACTOR written notice : ( i ) specifying that such ( including but not limited to all fees and charges
<br /> 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 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
<br /> 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 - BONDS AND 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 A. CONTRACTOR shall fUFRish perfbrrnanGe
<br /> Claim therefor as provided in paragraph 10 . 05 . and payment Bonds , each in an amount at leas ual
<br /> OWNER may have such deleted portion of the Work to the Contract Price as security for the f
<br />i ul perfor-
<br /> performed by OWNER ' s own forces or others in mance and payment of all TRACTOR ' s
<br /> accordance with Article 7 . obligations under the Contra ocuments . These
<br /> Bonds shall remain in e t at least until one year
<br /> G . To the fullest extent permitted by Laws and , after the date wh inal payment becomes due ,
<br /> Regulations , OWNER shall indemnify and hold except as pro 0 d otherwise by Laws or Regulations
<br /> harmless CONTRACTOR , Subcontractors , ENGI - or by the ntract Documents . CONTRACTOR shall
<br /> NEER , ENGINEER ' s Consultants and the officers , als rnish such other Bonds as are required by the
<br /> directors , partners , employees , agents , other
<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
<br /> 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 ail 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 - 14 00700 - General Conditions. doc
<br /> FAErgineenng\Land Development Permits\Quail Creek PD\Bid-Contract Documents100700 - General Conditions. doc
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