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CONTRACTOR shall ,immediately: (i) secure or or identified in'the Contract Documents to be included
<br /> otherwise isoiate such condition; (ii) stop:all Work- in: -Within the scope of the Work, and (ii)was not created
<br /> connection with' such' .condition_ .and 'in any area by CONTRACTOR of by anyone: for Whom
<br /> affected thereby,(except in an emergency as required. CONTRACTOR is,.responsible., Nothing in this paea-
<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 thereafterconfirm 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 theJullest;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]n employees, agents, other consultants, and
<br /> any affected:area until,after OWNER_ has obtained any subcontractors.-of each.,and any of them from and
<br /> 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_ cannof'agree as-to entitlement to or- CONTRACTOR or, by- anyone; for whom
<br /> on the amount or extent, if any; of any.adjustriient in 'CONTRACTOR 'is, responsible. Nothing in this
<br /> Contract Price or Contract.Times, or both;'as a-result` paragraph 4.06:F shall; obligate CONTRACTOR' to
<br /> of such Work stoppage or such s_pecial conditions inder-inify any individual or entity from and,against the
<br /> under' which Work' is agreed to be' resumed tiy. consequences of that individual's.or entity's own negii-
<br /> CONTRACTOR„ -either party, may make "a Claim Bence:
<br /> therefor as provided in paragraph 10.05
<br /> I:., The.provisions,of paragraphs 4.02; 4.03; and
<br /> F. t1f after, receiptf of, such written notice' 4:04; are not. intended to `apply to, a' Hazardous
<br /> CONTRACTOR doesnot-agree.to resum6such.Work Environmental Condition un_co_ve_red_or-revealed:_at the.
<br /> based on a reasonable belief it is unsafe,.'or does not, Site.,
<br /> agree.,td resume such Work un"der§uch�s_pecial.condi
<br /> tions,'.then4.OWNER mayorder the portion of the Vltork.
<br /> that is in-the area affected•'by-such condition to=bel 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,
<br /> Price or Contract.Times�as,a,re`sult of'deleting such. 5.01: Peiformance; P:ayirierrt_and:Other.Bonds
<br /> portion:of the Work;; then e6er.party,may•make, a,.
<br /> C 6 'therefor' as 'Provided inparagraph `10.05•, . _-. 4 -Pe. .. ' -
<br /> OWNER mayhave,such deleted_;portion.-of-the-Work- - ,. --
<br /> performed by ,OWNER's,:own, forces ;or others in
<br /> accordance with•Article::7..
<br /> ;G:._ Tojhe fullest extent'permitted by Laws and -
<br /> Regulations,, OWNER s6l- indemnify and !hold, ,
<br /> harmless; ,CONTRACTOR; Subcontractors, ENGI=: :e)(99pt as pro
<br /> ;ce
<br /> NEER, ENGINEER's:, Consultants and `the, officers;, nimp
<br /> directors; partners,. employees,, agents; other
<br /> consuitants; 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;, B. ,All,,Bonds shall tie in.the form-;prescribed by
<br /> charges of-engineers,,architects,:attorneys, ano'other the-Contract:Documents.ezcept:as:providedottierwise
<br /> pfofessionals' ;and, :alt, court,;:or arbitration: or :other ,by-Laws;_or :Regulations; and, shall be executed by
<br /> dispute resolution.costs) arising out,of:or;relating to a• such sureties,as are named in'the-current list-of-"Com=
<br /> Hazardous Environmental Condition,. provided that:- pani6s Holding C-erfifcates;of;Authority as-Acceptable
<br /> § .kH zadous Environmental Condition: (i).was•not, Sureties on Federal; Bonds,land as 'Acceptable
<br /> shown,or,:indicated iri'the Drawings, -r'Specificatioris, Reinsuring Companies" as published,;in:Circular;570
<br /> 00700;General Conditions REV 5110-13'
<br /> .� 00 l4
<br /> F:IPublic Wortcs\ENGINEERING DNISION PROJECTS\7330.LR-C.GoClne ir'ansfer.Hub\Adminlbid documentsWaster Contract Ooeumeints\00700_General Candilions REV 5-10-13.doc
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