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C. CONTRACTOR shall not be responsible for performed by OWNER's own forces or others in
<br /> any Hazardous Environmental Condition uncovered or accordance with Article 7
<br /> revealed at the Site which was not shown or indicated
<br /> in Drawings or Specifications or identified in the G. To the fullest extent permitted by Laws and
<br /> Contract Documents to be within the scope of the Regulations, OWNER shall indemnify and hold
<br /> Work. CONTRACTOR shall be responsible for a harmless CONTRACTOR, Subcontractors, ENGI-
<br /> Hazardous Environmental Condition created with any NEER, ENGINEER's Consultants and the officers,
<br /> materials brought to the Site by CONTRACTOR, directors, partners, employees, agents, other
<br /> Subcontractors, Suppliers, or anyone else for whom consultants, and subcontractors of each and any of
<br /> CONTRACTOR is responsible. them from and against all claims, costs, losses, and
<br /> damages (including but not limited to all fees and
<br /> D If CONTRACTOR encounters a Hazardous charges of engineers, architects, attorneys, and other
<br /> Environmental Condition or if CONTRACTOR or professionals and all court or arbitration or other
<br /> anyone for whom CONTRACTOR is responsible dispute resolution costs) arising out of or relating to a
<br /> creates a Hazardous Environmental Condition, Hazardous Environmental Condition, provided that
<br /> CONTRACTOR shall immediately: (i) secure or such Hazardous Environmental Condition: (i) was not
<br /> otherwise isolate such condition, (ii) stop all Work in shown or indicated in the Drawings or Specifications
<br /> connection with such condition and in any area or identified in the Contract Documents to be included
<br /> affected thereby (except in an emergency as required within the scope of the Work, and (ii) was not created
<br /> by paragraph 6.16), and (iii) notify OWNER and ENGI- by CONTRACTOR or by anyone for whom
<br /> NEER (and promptly thereafter confirm such notice in CONTRACTOR is responsible Nothing in this para-
<br /> writing) OWNER shall promptly consult with graph 4.06.E shall obligate OWNER to indemnify any
<br /> ENGINEER concerning the necessity for OWNER to individual or entity from and against the consequences
<br /> retain a qualified expert to evaluate such condition or of that individual's or entity's own negligence.
<br /> take corrective action, if any.
<br /> H To the fullest extent permitted by Laws and
<br /> E. CONTRACTOR shall not be required to Regulations, CONTRACTOR shall indemnify and hold
<br /> resume Work in connection with such condition or in harmless OWNER, ENGINEER, ENGINEER's
<br /> any affected area until after OWNER has obtained Consultants, and the officers, directors, partners,
<br /> any required permits related thereto and delivered to employees, agents, other consultants, and
<br /> CONTRACTOR written notice. (i) specifying that such subcontractors of each and any of them from and
<br /> condition and any affected area is or has been against all claims, costs, losses, and damages
<br /> rendered safe for the resumption of Work; or (ii) (including but not limited to all fees and charges of
<br /> specifying any special conditions under which such engineers, architects, attorneys, and other
<br /> Work may be resumed safely If OWNER and professionals and all court or arbitration or other
<br /> CONTRACTOR cannot agree as to entitlement to or dispute resolution costs) arising out of or relating to a
<br /> on the amount or extent, if any, of any adjustment in Hazardous Environmental Condition created by
<br /> Contract Price or Contract Times, or both, as a result CONTRACTOR or by anyone for whom
<br /> of such Work stoppage or such special conditions CONTRACTOR is responsible Nothing in this
<br /> under which Work is agreed to be resumed by paragraph 4 06 F shall obligate CONTRACTOR to
<br /> CONTRACTOR, either party may make a Claim indemnify any individual or entity from and against the
<br /> therefor as provided in paragraph 10 05 consequences of that individual's or entity's own negli-
<br /> gence.
<br /> F If after receipt of such written notice
<br /> CONTRACTOR does not agree to resume such Work I The provisions of paragraphs 4.02, 4.03, and
<br /> based on a reasonable belief it is unsafe, or does not 4.04 are not intended to apply to a Hazardous
<br /> agree to resume such Work under such special condi- Environmental Condition uncovered or revealed at the
<br /> tions, then OWNER may order the portion of the Work Site.
<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 ARTICLE 5 - BONDS AND INSURANCE
<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 501 Performance, Payment, and Other Bonds
<br /> Claim therefor as provided in paragraph 10 05.
<br /> OWNER may have such deleted portion of the Work A. CONTRACTOR Shall fUFRiGh peFfbrmaRGe
<br /> and payment Bonds, each in an amount at least equal
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<br /> REV 5-10-13.doc
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