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C. CONTRACTOR shall not be responsible for
<br />any Hazardous Environmental Condition uncovered or
<br />revealed at the Site which was not shown or indicated
<br />in Drawings or Specifications or identified in the
<br />Contract Documents to be within the scope of the
<br />Work. CONTRACTOR shall be responsible for a
<br />Hazardous Environmental Condition created with any
<br />materials brought to the Site by CONTRACTOR,
<br />Subcontractors, Suppliers, or anyone else for whom
<br />CONTRACTOR is responsible.
<br />D. If CONTRACTOR encounters a Hazardous
<br />Environmental Condition or if CONTRACTOR or
<br />anyone for whom CONTRACTOR is responsible
<br />creates a Hazardous Environmental Condition,
<br />CONTRACTOR shall immediately: (i) secure or
<br />otherwise isolate such condition; (ii) stop all Work in
<br />connection with such condition and in any area
<br />affected thereby (except in an emergency as required
<br />by paragraph 6.16); and (iii) notify OWNER and ENGI-
<br />NEER (and promptly thereafter confirm such notice in
<br />writing). OWNER shall promptly consult with
<br />ENGINEER concerning the necessity for OWNER to
<br />retain a qualified expert to evaluate such condition or
<br />take corrective action, if any.
<br />E. CONTRACTOR shall not be required to
<br />resume Work in connection with such condition or in
<br />any affected area until after OWNER has obtained
<br />any required permits related thereto and delivered to
<br />CONTRACTOR written notice: (i) specifying that such
<br />condition and any affected area is or has been
<br />rendered safe for the resumption of Work; or (ii)
<br />specifying any special conditions under which such
<br />Work may be resumed safely. If OWNER and
<br />CONTRACTOR cannot agree as to entitlement to or
<br />on the amount or extent, if any, of any adjustment in
<br />Contract Price or Contract Times, or both, as a result
<br />of such Work stoppage or such special conditions
<br />under which Work is agreed to be resumed by
<br />CONTRACTOR, either party may make a Claim
<br />therefor as provided in paragraph 10.05.
<br />F. If after receipt of such written notice
<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-
<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-
<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
<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 />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
<br />consultants, and subcontractors of each and any of
<br />them from and against all claims, costs, losses, and
<br />damages (including but not limited to all fees and
<br />charges of engineers, architects, attorneys, and other
<br />professionals and all court or arbitration or other
<br />dispute resolution costs) arising out of or relating to a
<br />Hazardous Environmental Condition, provided that
<br />such Hazardous Environmental Condition: (i) was not
<br />shown or indicated in the Drawings or Specifications
<br />or identified in the Contract Documents to be included
<br />within the scope of the Work, and (ii) was not created
<br />by CONTRACTOR or by anyone for whom
<br />CONTRACTOR is responsible. Nothing in this para-
<br />graph 4.06.E shall obligate OWNER to indemnify any
<br />individual or entity from and against the consequences
<br />of that individual's or entity's own negligence.
<br />H. To the fullest extent permitted by Laws and
<br />Regulations, CONTRACTOR shall indemnify and hold
<br />harmless OWNER, ENGINEER, ENGINEER's
<br />Consultants, and the officers, directors, partners,
<br />employees, agents, other consultants, and
<br />subcontractors of each and any of them from and
<br />against all claims, costs, losses, and damages
<br />(including but not limited to all fees and charges of
<br />engineers, architects, attorneys, and other
<br />professionals and all court or arbitration or other
<br />dispute resolution costs) arising out of or relating to a
<br />Hazardous Environmental Condition created by
<br />CONTRACTOR or by anyone for whom
<br />CONTRACTOR is responsible. Nothing in this
<br />paragraph 4.06.E shall obligate CONTRACTOR to
<br />indemnify any individual or entity from and against the
<br />consequences of that individual's or entity's own negli-
<br />gence.
<br />I. The provisions of paragraphs 4.02, 4.03, and
<br />4.04 are not intended to apply to a Hazardous
<br />Environmental Condition uncovered or revealed at the
<br />Site.
<br />ARTICLE 5 - BONDS AND INSURANCE
<br />5.01 Performance, Payment, and Other Bonds
<br />00700 - General Conditions REV 5-10-13.doc
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<br />FAPublic Works\ENGINEERING DIVISION PROJECTS\1137-Old Dixie Hwy Resurfacing IRF North Relief Canal to 71 st St\Admim\bid documents\Contract Documents\00700 - General
<br />Conditions REV 5-10-13.doc
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