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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 conceming 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 co sequences
<br />of that individual's or entity's own negligenc
<br />H. To the fullest extent permitted b Laws and
<br />Regulations, CONTRACTOR shall indemn fy and hold
<br />harmless OWNER, ENGINEER, E
<br />Consultants, and the officers, director
<br />employees, agents, other consult
<br />subcontractors of each and any of the
<br />against all claims, costs, losses, an
<br />(including but not limited to all fees and
<br />engineers, architects, attorneys,
<br />professionals and all court or arbitrati
<br />dispute resolution costs) arising out of or
<br />Hazardous Environmental Condition
<br />CONTRACTOR or by anyone
<br />CONTRACTOR is responsible. Noth
<br />paragraph 4.06.F shall obligate CONT
<br />indemnify any individual or entity from and
<br />consequences of that individual's or entity'
<br />gence.
<br />I. The provisions of paragraphs 4.0
<br />4.04 are not intended to apply to a
<br />Environmental Condition uncovered or rev
<br />Site.
<br />ARTICLE 5 - BONDS AND INSURANCE
<br />GINEER's
<br />, partners,
<br />nts, and
<br />from and
<br />damages
<br />charges of
<br />nd other
<br />n or other
<br />elating to a
<br />reated by
<br />r whom
<br />ng in this
<br />CTOR to
<br />against the
<br />own negli-
<br />, 4.03, and
<br />Hazardous
<br />aled at the
<br />5.01 Performance, Payment, and Oth r Bonds
<br />A. CONTRACTOR shall furnish ' crfomiancc
<br />and payment Bonds, each in an amount a least equal
<br />to the Contract Price as security for the faithful perfor
<br />B. All Bonds shall be in the form p
<br />the Contract Documents except as provid
<br />by Laws or Regulations, and shall be
<br />such sureties as are named in the current
<br />panies Holding Certificates of Authority a
<br />Sureties on Federal Bonds and as
<br />Reinsuring Companies" as published in
<br />(amended) by the Financial Managem
<br />Surety Bond Branch, U.S. Departm
<br />Treasury. All Bonds signed by an ag
<br />accompanied by a certified copy of
<br />authority to act.
<br />00700 - General Conditi
<br />00700 -14
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