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<br /> under which Work is agreed to be resumed by
<br /> CONTRACTOR, either party may make a Claim I . The provisions of paragraphs 4 . 02 , 4 . 037 and
<br /> therefor as provided in paragraph 10 . 05 . 4 . 04 are not intended to apply to a Hazardous
<br /> Environmental Condition uncovered or revealed at the
<br /> F . If after receipt of such written notice Site .
<br /> CONTRACTOR does not agree to resume such Work
<br /> based on a reasonable belief it is unsafe , or does not
<br /> agree to resume such Work under such special condi- ARTICLE 5 - BONDS AND INSURANCE
<br /> tions , then OWNER may order the portion of the Work
<br /> that is in the area affected by such condition to be
<br /> deleted from the Work . If OWNER and CON - 5 . 01 Performance, Payment, and Other Bonds
<br /> TRACTOR cannot agree as to entitlement to or on the
<br /> amount or extent , if any, of an adjustment in Contract
<br /> Price or Contract Times as a result of deleting such and payment Bonds , each in an amount at le
<br /> equal
<br /> portion of the Work , then either party may make a
<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
<br /> accordance with Article 7 ,
<br /> GXG OrrAlli AthAPM68 by Laws or Regulations
<br /> G . To the fullest extent permitted by Laws and
<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 B . All Bonds shall be in the form prescribed by
<br /> i consultants , and subcontractors of each and any of the Contract Documents except as provided otherwise
<br /> them from and against all claims , costs , losses , and by Laws or Regulations , and shall
<br /> be executed by
<br /> damages ( including but not limited to all fees and such sureties as are named in the current list of
<br /> " Com ,,,,
<br /> charges of engineers , architects , attorneys , and other panies Holding Certificates of Authority as Acceptable
<br /> professionals and all court or arbitration or other Sureties on Federal Bonds and as Acceptable
<br /> dispute resolution costs ) arising out of or relating to a Reinsuring Companies" as published in Circular
<br /> 570
<br /> Hazardous Environmental Condition , provided that (amended ) by the Financial Management Service ,
<br /> such Hazardous Environmental Condition : ( i ) was not Surety Bond Branch , U . S . Department of the
<br /> shown or indicated in the Drawings or Specifications Treasury. All Bonds signed by an agent must
<br /> be
<br /> or identified in the Contract Documents to be included accompanied by a certified copy of such agent's
<br /> within the scope of the Work, and ( ii ) was not created authority to act .
<br /> by CONTRACTOR or by anyone for whom
<br /> CONTRACTOR is responsible . Nothing in this para- C . If the surety on any Bond furnished by CON ,,,,
<br /> graph 4 . 06 . E shall obligate OWNER to indemnify any TRACTOR is declared bankrupt or becomes insolvent
<br /> individual or entity from and against the consequences or its right to do business is terminated in
<br />any state
<br /> of that individual 's or entity's own negligence . where any part of the Project is located or it ceases to
<br /> meet the requirements of paragraph 5 . 01 . 89
<br /> H . To the fullest extent permitted by Laws and CONTRACTOR shall within 20 days thereafter
<br /> Regulations , CONTRACTOR shall indemnify and hold substitute another Bond and surety, both of which
<br /> harmless OWNER, ENGINEER , ENGINEER's shall comply with the requirements of paragraphs
<br /> Consultants , and the officers , directors , partners , 5 . 01 . 13 and 5 . 02 .
<br /> employees , agents , other consultants , and
<br /> subcontractors of each and any of them from and 5 . 02 Licensed Sureties and Insurers
<br /> against all claims , costs , losses , and damages
<br /> ( including but not limited to all fees and charges of A. All Bonds and insurance required by the
<br /> engineers , architects , attorneys , and other Contract Documents to be purchased and maintained
<br /> professionals and all court or arbitration or other by OWNER or CONTRACTOR shall be obtained from
<br /> dispute resolution costs ) arising out of or relating to a surety or insurance companies that are duly
<br /> licensed
<br /> Hazardous Environmental Condition created by or authorized in the jurisdiction in which the Project is
<br /> CONTRACTOR or by anyone for whom located to issue Bonds or insurance policies for the
<br /> CONTRACTOR is responsible . Nothing in this limits and coverages so required . Such surety and
<br /> paragraph 4 . 06 . F shall obligate CONTRACTOR to insurance companies shall also meet such additional
<br /> indemnify any individual or entity from and against the requirements and qualifications as may be provided in
<br /> consequences of that individual 's or entity's own negli- the Supplementary Conditions .
<br /> gence .
<br /> 00700 - General Conditions REV 04-07 . doc
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<br /> FAPublic Works\ENGINEERING DIVISION PROJECTS\0517-OSLO ROAD 43rd Ave to 58th Ave-Phase III\Ndmim\bid documents\00700 - General Conditions REV 04-07
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