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4.06 Hazardous Environmental Condition at Site
<br />A. Reports and Drawings: Reference is made to the
<br />Supplementary Conditions for the identification of those
<br />reports and drawings relating to a Hazardous
<br />Environmental Condition identified at the Site, if any, that
<br />have been utilized by the Engineer in the preparation of
<br />the Contract Documents.
<br />B. Limited Reliance by Contractor on Technical Data
<br />Authorized: Contractor may rely upon the general
<br />accuracy of the "technical data" contained in such reports
<br />and drawings, but such reports and drawings are not
<br />Contract Documents. Such "technical data" is identified
<br />in the Supplementary Conditions. Except for such reliance
<br />on such "technical data," Contractor may not rely upon or
<br />make any claim against Owner or Engineer, or any of
<br />their Related Entities with respect to:
<br />1. the completeness of such reports and drawings
<br />for Contractor's purposes, including, but not limited
<br />to, any aspects of the means, methods, techniques,
<br />sequences and procedures of construction to be
<br />employed by Contractor and safety precautions and
<br />programs incident thereto; or
<br />2. 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 from any "technical data" or any such other
<br />data, interpretations, opinions or information.
<br />C. Contractor shall not be responsible for any Hazardous
<br />Environmental Condition uncovered or revealed at the
<br />Site which was not shown or indicated in Drawings or
<br />Specifications or identified in the Contract Documents to
<br />be within the scope of the Work. Contractor shall be
<br />responsible for a Hazardous Environmental Condition
<br />created with any materials brought to the Site by
<br />Contractor, Subcontractors, Suppliers, or anyone else for
<br />whom Contractor is responsible.
<br />D. If Contractor encounters a Hazardous Environmental
<br />Condition or if Contractor or anyone for whom Contractor
<br />is responsible creates a Hazardous Environmental
<br />Condition, 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 affected
<br />thereby (except in an emergency as required by Paragraph
<br />6.16.A); and (iii) notify Owner and Engineer (and
<br />promptly thereafter confine such notice in writing).
<br />Owner shall promptly consult with Engineer concerning
<br />the necessity for Owner to retain a qualified expert to
<br />evaluate such condition or take corrective action, if any.
<br />E. Contractor shall not be required to resume Work in
<br />connection with such condition or in any affected area
<br />until after Owner has obtained any required permits
<br />related thereto and delivered to Contractor written notice:
<br />(i) specifying that such condition and any affected area is
<br />or has been rendered safe for the resumption of Work; or
<br />(ii) specifying any special conditions under which such
<br />Work may be resumed safely. If Owner and Contractor
<br />cannot agree as to entitlement to or on the amount or
<br />extent, if any, of any adjustment in Contract Price or
<br />Contract Times, or both, as a result of such Work stop-
<br />page or such special conditions under which Work is
<br />agreed to be resumed by Contractor, either party may
<br />make a Claim therefor as provided in Paragraph 10.05.
<br />F. If after receipt of such written notice Contractor does
<br />not agree to resume such Work based on a reasonable
<br />belief it is unsafe, or does not agree to resume such Work
<br />under such special conditions, then Owner may order the
<br />portion of the Work that is in the area affected by such
<br />condition to be deleted from the Work. If Owner and
<br />Contractor 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 Claim
<br />therefor as provided in Paragraph 10.05. Owner may have
<br />such deleted portion of the Work performed by Owner's
<br />own forces or others in accordance with Article 7.
<br />G. To the fullest extent permitted by Laws and
<br />Regulations, Owner shall indemnify and hold harmless
<br />Contractor, Subcontractors, and Engineer, and the
<br />officers, directors, partners, employees, agents,
<br />consultants, and subcontractors of each and any of them
<br />from and against all claims, costs, losses, and damages
<br />(including but not limited to all fees 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 a Hazardous
<br />Environmental Condition, provided 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 the scope of
<br />the Work, and (ii) was not created by Contractor or by
<br />anyone for whom Contractor is responsible. Nothing in
<br />this Paragraph 4.06G shall obligate Owner to indemnify
<br />any individual or entity from and against the conse-
<br />quences 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 and Engineer, and the officers, directors,
<br />partners, employees, agents, consultants, and
<br />subcontractors of each and any of them from and against
<br />all claims, costs, losses, and damages (including but not
<br />limited to all fees and charges of engineers, architects,
<br />attorneys, and other professionals and all court or
<br />arbitration or other dispute resolution costs) arising out of
<br />or relating to a Hazardous Environmental Condition
<br />created by Contractor or by anyone for whom Contractor
<br />is responsible. Nothing in this Paragraph 4.06.H shall
<br />obligate Contractor to indemnify any individual or entity
<br />from and against the consequences of that individual's or
<br />entity's own negligence.
<br />as �aU U-'/UU Standard General Conditions of the Construction Contract.
<br />Copyright CC) 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
<br />00700-14
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