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`1:06 zlu:arcluu.c t 'uiillifion tit Site
<br />A. Rellm9a anil ))troman gs Reference is made to the
<br />Stipplententary Conditions for the identification of'thosc
<br />reports and drawings relating to :a hazardous
<br />F,tlN,ltoil mental Condition identified at the Site. if am, that
<br />have been utilized by the Fngincer in the preparation of
<br />the Contract Documents,
<br />13. 1 imi"(0 Rrliunce Ill. Conlim-for cn lechoucal Dow
<br />Authorized Contactor may rely upon the vencrtl
<br />ac uric} ofihe -technical fl;u4i' contained in such reports
<br />and diawings, btu such reports and drawings are not
<br />Contract Documents. Such "technical data" is identified
<br />in the Conditions. Except Cor such reliance
<br />on su0i "technical data,' Contractor n.", not rel'., upon or
<br />make any claire against 0\v tier or Lrigineet, or am of
<br />theit Belated Entities %with respect to:
<br />I. the completeness of such reports and draw•ines
<br />('or C'ontractor's purposes, including. but not limited
<br />to, anal aspects of the means, methods, techniques,
<br />sequences anwl procedures of construction to be
<br />employed by Contractor and saMyl precautions and
<br />programs incident thereto-, or
<br />I. other data, interpretations, opinions and
<br />information contained in such reports or shown or
<br />indicated in such drawings, or
<br />3. any Contractor interpretation of or conclusion
<br />drawn front any "technical data" or any such other
<br />data. interpretations. opinions or inti,rmation.
<br />C. Contractor shall not be responsible for any, Hazardous
<br />U..nvironmemal Condition uncovered or revealed at the
<br />Site which was not shown or indicated in Drawings or
<br />Specifications or identified in the Contract Documenls fo
<br />be within the scope of the Work Contractor shill be
<br />responsible for a f Iazarl:lous [environmental Condition
<br />created with any materials hiought to the Site 1)
<br />Contractor, Subconbactors, Suppliers, or anyone else for
<br />whom Contractor is responsible.
<br />D. It Contractor encounters a I iazardous friw'iforlmental
<br />Condition or if Contractor or anyone for whoa Contractor
<br />is responsible creates a 1lartrdous I.nvironmeinal
<br />CoiWition. Coruuartor shall immediately,: ti) %ccure or
<br />otherwise iaolate .uch condiuow (it) stop all Work in
<br />connection wth such condmon and in an% area affected
<br />thereby {except in :in cinergeracy as required try Paragraph
<br />fi. Ib.A ), and (iii i nolify Owner and Un&tneci land
<br />promptly thereaflel confirm such notice in %wiungl
<br />Ovw mei thali promptly cowmh with I:ri itieer t:cm:crning
<br />the rccessaN for Owncr Fia retain a qualitied expert to
<br />- w aluatc SUCIt condition or take :orrccti%e w1m]. if .ail%
<br />1. Cormjctor =,hall not lir acquirer) 10 tcsume \\ oak in
<br />votincown :with lush condition fx in am af(ea d ;area
<br />unlit ;atter ( tw%ner h;c- obtained ;any requ;rcd permits
<br />til specifying that such condition and ally, affected area is
<br />or has been rendered safe for the resumption of Work: or
<br />til) spccil,) Ing ally special conditions undef which such
<br />1Fotk ma\ be resumed safely. If 0wrier and Contractor
<br />cannot agree as to entitlement to or on the amount or
<br />evrew, if any, of any adjusuncnt in Contract Price or
<br />Contract Timc•s, or both, is it result of such Work stop-
<br />page or such special conditions under which Work is
<br />agreed to be resumed by Contractor, either party relay
<br />make a Claim therefor its provided in Pataeraph 10 Ci'i.
<br />F. It ailcr receipt of such %written notice Contractor dot
<br />m7t agree to resume such Work himil oil it reasonable
<br />belief it is unsate, or docs not agree to resume such Work
<br />tinder sucli special conditions, then thirler may order the
<br />portion of the Wotk that is in the area at by :.uch
<br />condition 1, be deleted from the �\ ork i f Owviwr and
<br />Contractor cannot agree WS to entitlement to or on the
<br />amount or extent, if any. of an adjustment in Contract
<br />Price of Contract Times as it result of delefing such
<br />portion of the Vk ork, then either part-, may, make a Claim
<br />therefor as provided in Paragraph HOS Owner may have
<br />such deleted portion of the Work perliarmcd be Owner's
<br />omit forces or others in :accordance w ith Article 7.
<br />G- Fo the fullest extent permitted by Lawvs and
<br />Regulations. Owner shall indemnify and hold harmless
<br />Couu:tctor, Subcontractors. and E rwincer, and the
<br />officers, directors, partners, employees, agents,
<br />consultants, and subcontractors ret each and anal of them
<br />from and against all claims, costs, mosses. and dainm,,es
<br />(including but not limited to all tees and charges of
<br />engineers, architects, attorneys, and other professionals
<br />and all court or arbitration or other dispute resolution
<br />costs) arising out of or relating to it Ha.ardous
<br />Livironmental Condition, piovidcd that such Hazardous
<br />Environmental Condition (i) was not shown or indicated
<br />in the Drawings or Specifications or identified in the
<br />Contract Documents to be included within Ile scope of
<br />the Work, and (it) was not created by Contractor or by
<br />anyone for %whom Contractor is responsible. Nothing in
<br />this Paragraph 416E shill obligate Owner to ind:irinnl;
<br />any individual of entiR• frcni and against tot: conse-
<br />quences of that indi ideal's or entity's own neglig nice.
<br />Ft. I o the fullest extent permitcd by Lawvs and
<br />Regulations, Contractor shall indctrulify arld hull
<br />harmless Owner and Frgmecr, and the officers, director,
<br />p_artncr;, employees. ,agent-, consula;mfs. and
<br />subcontractors of each and any int thein tronl and a+',alii.'t
<br />all claims, dist"', lose,, and damages l including; but nvt
<br />limited to all fees and charges of cru-mccr;, archiiccts.
<br />attorney s, and ollret profes:,ionals and all co�rrt or
<br />arbitration or other dispute resolution costs) at v ing out (if
<br />or rclaiim_,. to it I farardons f.nw iromuclatal ('ilnJiti0N
<br />Cleated by Contractor or bw MM One for awhoitl 01411t40kir
<br />is responalile Nothing in ibis Paragraph I Of) I f .hall
<br />oblit,'ale Comlactor to Indelmuk am anifividaal of emit%
<br />liwnn and, ag,unst Phe iooscgtwnSL' ifn}iat >nd!%iduaf ,. t
<br />sunit%'s oswn uclth;;er.,;e.
<br />related thcr.to and deiwcled to C viar'l.tot miimi noii%:A:
<br />Fd4t;•f ( ail �tsm.¢r!is(.n`tltt4t t�raa,litatu�ei•r 4tarfan.i�urtal: itf an!ld. i.
<br />( opk Ilgha ' :tKiz tilt ia+.ra�hl-, 411 0 Yttaly• wa4l I ogiaam, Iva i .Fl. Int . .Rai rithio !s- V rwret
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