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C. CONTRACTOR shall not be responsible for
<br />any Hazardous Environmental Condition uncovered or
<br />revealed etthe Site which was not shown orindicated
<br />in Drawings or Specifications or identified in the
<br />Contract Documents tote within the scope of the
<br />Work. CONTRACTOR shall be responsible for a
<br />Hazardous Environmental Condition created with any
<br />materials brought to the Site by CONTRACTOR,
<br />Subcontractors, Supp|iene, or anyone a|ae for whom
<br />CONTRACTOR is responsible.
<br />D. K CONTRACTOR encounters o Hazardous
<br />Environmental Condition or if CONTRACTOR or
<br />anyone for whom CONTRACTOR is responsible
<br />onaabao a Hazardous Environmental Condition.
<br />CONTRACTOR aho|| immediately: (i) secure or
<br />otherwise isolate such condition; Ui\stop all Work in
<br />connection with such condition and in any area
<br />affected thereby (except inanemergency required
<br />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 concerning the necessity for OWNER to
<br />retain a qualified expert to evaluate such condition or
<br />take corrective action, ifany.
<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 any
<br />required permits related thereto and delivered to
<br />CONTRACTOR written notice: U\specifying that such
<br />condition and any ofhaobed area is or has been
<br />rendered safe for the resumption of Work; or (ii)
<br />specifying any special mohditiona 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 uabnent in
<br />Contract Price orContract Tirnea.,orboth, osaresult
<br />of such Work stoppage or such special conditions
<br />under which \8Azrh is agreed to be resumed by
<br />CONTRACTOR, either party may make a Claim
<br />therefor asprovided inparagraph 10.05.
<br />F If after receipt of such written notice
<br />CONTRACTOR does not agree toresume such Work
<br />based onoreasonable belief it iuunsafe, ordoes 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 tooronthe
<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 \8kzrk, than either party may nooka a
<br />C|oirn therefor as provided in ponograph 10'05.
<br />OWNER may have such deleted portion of the VVod«
<br />performed by OVVNER'n own forces or others in
<br />accordance with Article 7.
<br />G. To the fullest extent permitted bvLaws and
<br />Regulations, OWNER shall indemnify and hold
<br />hamm|oao CONTRACTOR. Subcmntrodocs, ENG| -
<br />NEER, EyJG|NEEFys Consultants and the offioamo,
<br />dinaotono, partnere, emnp|oyeeo, agents, other
<br />oonsultanta, and subcontractors of each and any of
<br />them from and against all dainmo, oosts, loaaea, and
<br />damages (including but not |inlibad to all famm and
<br />charges of engineers, architacta, attomeys, and other
<br />professionals and all court or arbitration or other
<br />dispute resolution costs) arising out oforrelating bza
<br />Hazardous Environmental [ondition, provided that
<br />such Hazardous Environmental Condition: (i)was not
<br />shown or indicated in the Drawings or Speidifications
<br />oridentified |nthe Contract Documents toboincluded
<br />within the scope ofthe 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
<br />em-0rmph4.00.EahaUob|iQabyOVVNER toindemnify any
<br />individual orentity from and against the consequences
<br />ofthat individual's orentity's own negligence.
<br />H. To the fullest extent permitted by Laws and
<br />Regulations, CONTRACTOR shall indemnify and hold
<br />harmless OWNER, ENGINEER, ENGINEER's
<br />Consultants, and the offioers, directors, parbleno,
<br />omnploveas, aQenhs, other oonnultanb;, and
<br />subcontractors of each and any of them from and
<br />against all claims, cmato. |oaaes, and damages
<br />(including but not limited toall fees and charges of
<br />en0inmero, anhhaots, otbornoym, and other
<br />professionals and all court or arbitration or other
<br />dispute resolution costs) arising out of or relating toa
<br />Hazardous Environmental Condition created by
<br />CONTRACTOR or by anyone for vvhonn
<br />CONTRACTOR is responsible. Nothing in this
<br />paragraph 4.08.F shall obligate CONTRACTOR to
<br />indemnify any individual qrentity from and against the
<br />consequences ofthat individual's orentity's own neg|i-
<br />Gence.
<br />i The provisions of paragraphs 4.02, 4.03, and
<br />4.04 are not intended to aooh to a Hazardous
<br />Environmental Condition uncovered orrevealed atthe
<br />Site.
<br />ARTICLE 5 - BONDS AND INSURANCE
<br />5.01 Performance, Payment, and Other Bonds
<br />00700 - General Conditions REV 5-10-13
<br />0070 0-14
<br />FAPublic Works\ENGINEERING DIVISION PROJECTS\1305-CR51eResurf (SCOP)_Myrtlem*125th St\Admim\bid docurnents\Mastermntract DocumentsXO0700'General Conditions
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