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<br /> 1. the completeness of such reports CONTRACTOR, either party may make a Claim
<br /> and drawings for CONTRACTOR's purposes, therefor as provided in paragraph 10.05.
<br /> including, but not limited to, any aspects of the
<br /> means, methods, techniques, sequences and F. If after receipt of such written notice
<br /> procedures of construction to be employed by CONTRACTOR does not agree to resume such Work
<br /> CONTRACTOR and safety precautions and based on a reasonable belief it is unsafe, or does not
<br /> programs incident thereto; or agree to resume such Work under such special condi-
<br /> tions, then OWNER may order the portion of the Work i
<br /> 2. other data, interpretations, opinions that is in the area affected by such condition to be
<br /> and information contained in such reports or deleted from the Work. If OWNER and CON-
<br /> shown or indicated in such drawings; or TRACTOR cannot agree as to entitlement to or on the
<br /> amount or extent, if any, of an adjustment in Contract
<br /> 3. any CONTRACTOR interpretation of Price or Contract Times as a result of deleting such
<br /> or conclusion drawn from any "technical data" portion of the Work, then either party may make a
<br /> or any such other data, interpretations, opinions Claim therefor as provided in paragraph 10.05.
<br /> or information. OWNER may have such deleted portion of the Work
<br /> performed by OWNER's own forces or others in
<br /> C. CONTRACTOR shall not be responsible for accordance with Article 7.
<br /> any Hazardous Environmental Condition uncovered or
<br /> revealed at the Site which was not shown or indicated G. To the fullest extent permitted by Laws and
<br /> in Drawings or Specifications or identified in the Regulations, OWNER shall indemnify and hold
<br /> Contract Documents to be within the scope of the harmless CONTRACTOR, Subcontractors, ENGI-
<br /> Work. CONTRACTOR shall be responsible for a NEER, ENGINEER's Consultants and the officers,
<br /> Hazardous Environmental Condition created with any directors, partners, employees, agents, other
<br /> materials brought to the Site by CONTRACTOR, consultants, and subcontractors of each and any of
<br /> Subcontractors, Suppliers, or anyone else for whom them from and against all claims, costs, losses, and i
<br /> CONTRACTOR is responsible. damages (including but not limited to all fees and j
<br /> charges of engineers, architects, attorneys, and other
<br /> D. If CONTRACTOR encounters a Hazardous professionals and all court or arbitration or other
<br /> Environmental Condition or if CONTRACTOR or dispute resolution costs) arising out of or relating to a
<br /> anyone for whom CONTRACTOR is responsible Hazardous Environmental Condition, provided that
<br /> creates a Hazardous Environmental Condition, such Hazardous Environmental Condition: (i) was not i
<br /> CONTRACTOR shall immediately: (i) secure or shown or indicated in the Drawings or Specifications
<br /> otherwise isolate such condition; (ii) stop all Work in or identified in the Contract Documents to be included
<br /> connection with such condition and in any area within the scope of the Work, and (ii) was not created
<br /> affected thereby (except in an emergency as required by CONTRACTOR or by anyone for whom
<br /> by paragraph 6.16); and (iii) notify OWNER and ENGI- CONTRACTOR is responsible. Nothing in this para-
<br /> NEER (and promptly thereafter confirm such notice in graph 4.06.E shall obligate OWNER to indemnify any
<br /> writing). OWNER shall promptly consult with individual or entity from and against the consequences
<br /> ENGINEER concerning the necessity for OWNER to of that individual's or entitys own negligence.
<br /> retain a qualified expert to evaluate such condition or
<br /> take corrective action, if any. H. To the fullest extent permitted by Laws and
<br /> Regulations, CONTRACTOR shall indemnify and hold
<br /> E. CONTRACTOR shall not be required to harmless OWNER, ENGINEER, ENGINEER's
<br /> resume Work in connection with such condition or in Consultants, and the officers, directors, partners,
<br /> any affected area until after OWNER has obtained any employees, agents, other consultants, and
<br /> required permits related thereto and delivered to subcontractors of each and any of them from and
<br /> CONTRACTOR written notice: (i) specifying that such against all claims, costs, losses, and damages
<br /> condition and any affected area is or has been (including but not limited to all fees and charges of
<br /> rendered safe for the resumption of Work; or (ii) engineers, architects, attorneys, and other
<br /> specifying any special conditions under which such professionals and all court or arbitration or other
<br /> Work may be resumed safely. If OWNER and dispute resolution costs) arising out of or relating to a
<br /> CONTRACTOR cannot agree as to entitlement to or Hazardous Environmental Condition created by
<br /> on the amount or extent, if any, of any adjustment in CONTRACTOR or by anyone for whom
<br /> Contract Price or Contract Times, or both, as a result CONTRACTOR is responsible. Nothing in this
<br /> of such Work stoppage or such special conditions paragraph 4.06.E shall obligate CONTRACTOR to
<br /> under which Work is agreed to be resumed by indemnify any individual or entity from and against the
<br /> 00700-General Conditions REV 5-10-13
<br /> 00700-14
<br /> FAPublic Works\ENGINEERING DIVISION PROJECTS\1049_8th St Sidewalk Improvements(58th Ave to 21st Court)%dmim\bid documents\LAP DocumentsWaster Contract
<br /> Documents1007130-General Conditions REV 5-10-13.doc
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