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connection with such condition and in any area by CONTRACTOR or by anyone for whom
<br /> affected thereby (except in an emergency as required CONTRACTOR is responsible. Nothing in this para-
<br /> by paragraph 6.16); and (iii) notify OWNER and ENGI- graph 4.06.E shall obligate OWNER to indemnify any
<br /> NEER (and promptly thereafter confirm such notice in individual or entity from and against the consequences
<br /> writing). OWNER shall promptly consult with of that individual's or entity's own negligence.
<br /> ENGINEER concerning the necessity for OWNER to
<br /> retain a qualified expert to evaluate such condition or H. To the fullest extent permitted by Laws and
<br /> take corrective action, if any. Regulations, CONTRACTOR shall indemnify and hold
<br /> harmless OWNER, ENGINEER, ENGINEER's
<br /> E. CONTRACTOR shall not be required to Consultants, and the officers, directors, partners,
<br /> resume Work in connection with such condition or in employees, agents, other consultants, and
<br /> any affected area until after OWNER has obtained subcontractors of each and any of them from and
<br /> any required permits related thereto and delivered to against all claims, costs, losses, and damages
<br /> CONTRACTOR written notice: (i) specifying that such (including but not limited to all fees and charges of
<br /> condition and any affected area is or has been engineers, architects, attorneys, and other
<br /> rendered safe for the resumption of Work; or (ii) professionals and all court or arbitration or other
<br /> specifying any special conditions under which such dispute resolution costs) arising out of or relating to a
<br /> Work may be resumed safely. If OWNER and Hazardous Environmental Condition created by
<br /> CONTRACTOR cannot agree as to entitlement to or CONTRACTOR or by anyone for whom
<br /> on the amount or extent, if any, of any adjustment in CONTRACTOR is responsible. Nothing in this
<br /> Contract Price or Contract Times, or both, as a result paragraph 4.06.E shall obligate CONTRACTOR to
<br /> of such Work stoppage or such special conditions indemnify any individual or entity from and against the
<br /> under which Work is agreed to be resumed by consequences of that individual's or entity's own negli-
<br /> CONTRACTOR, either party may make a Claim gence.
<br /> therefor as provided in paragraph 10.05.
<br /> I. The provisions of paragraphs 4.02, 4.03, and
<br /> F. If after receipt of such written notice 4.04 are not intended to apply to a Hazardous
<br /> CONTRACTOR does not agree to resume such Work Environmental Condition uncovered or revealed at the
<br /> based on a reasonable belief it is unsafe, or does not Site.
<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 ARTICLE 5 - BONDS AND INSURANCE
<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 5.01 Performance, Payment, and Other Bonds
<br /> Price or Contract Times as a result of deleting such
<br /> portion of the Work, then either party may make a A. GONTRACTOR shall furnish pe..G.I.Ma-Ge
<br /> Claim therefor as provided in paragraph 10.05. and payment Bonds, each in an amount at le equal
<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 /> t unto! one yea4:
<br /> G. To the fullest extent permitted by Laws and nal nawnent beGOrnes due
<br /> Regulations, OWNER shall indemnify and hold eXGept as ethe�wise by Laws eF Regulations
<br /> harmless CONTRACTOR, Subcontractors, ENGI-
<br /> NEER, ENGINEER's Consultants and the officers, a49? f -4-her -Rends as are required by t
<br /> directors, partners, employees, agents, other DeGurnents.
<br /> consultants, and subcontractors of each and any of
<br /> them from and against all claims, costs, losses, and B. All Bonds shall be in the form prescribed by
<br /> damages (including but not limited to all fees and the Contract Documents except as provided otherwise
<br /> charges of engineers, architects, attorneys, and other by Laws or Regulations, and shall be executed by
<br /> professionals and all court or arbitration or other such sureties as are named in the current list of"Com-
<br /> dispute resolution costs) arising out of or relating to a panies Holding Certificates of Authority as Acceptable
<br /> Hazardous Environmental Condition, provided that Sureties on Federal Bonds and as Acceptable
<br /> such Hazardous Environmental Condition: (i)was not Reinsuring Companies" as published in Circular 570
<br /> shown or indicated in the Drawings or Specifications (amended) by the Financial Management Service,
<br /> or identified in the Contract Documents to be included Surety Bond Branch, U.S. Department of the
<br /> within the scope of the Work, and (ii) was not created Treasury. All Bonds signed by an agent must be
<br /> 00700-General Conditions REV 04-07.doc
<br /> 00700-14
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