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• CI :M expelltion of the Work. lite Conlraclor shall exercise utmost care and curry on such activities tinder supervision of properly qualified personnel. 10.2.6 The Contractor shall promptly remedy damage and loss (other than damage or loss insured tinder property insurance required by the Contract Documents) to property referred to in Clauses 10.2.1.2 and 111.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sutrsubcontraclor, or anyone directly or indirectly employed by^ any of thein, or by anyone for whose acts they may be liable and for which Ilse Contractor is responsible under Clauses 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of theta, or by anyone for whose acts either of them mak be liable. and not atiribulablc to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10,2.6 The Contractor shall designate a responsible number of the C'ontractor's organization at the site whose duty shall be the prevention of accidents, This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. 10.2.7 The Contractor shall not load or permit any part of the construction or site lobe loaded seas to endanger its safety. 114.3 HAZARDOUS MATERIALS 14.3.1 lr reasonable precautions will be inadequate to prevent foresezable bodily injury or death to persons resulting from a material or substance. including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on lite site by the Contractor, the Conlraclor shall, upon recognising lite condition, immediately slopan, and sing Work in the affected arca and report '[lie condition to ilia Owner and Architect in wriling, 16.3.2 The t7wncr shall obtain the services of a licensed laboratory to verifv the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present. to verify that it has bccn rendered harmless. Unless otherwise required by the Contract Documents. the Owner shall furnish in writing to the Contractor and Architect the names and qua ll ficial Eons of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who lire to peribrnt the task of removal or safe containment of such material or substance. The Contractor and the Architect will promptly reply to lite Owner in writing slating I19ulher or not either has reasonable objection to the persons or entities proposal by the Owmacr; and, in thequail al' an obicctrrn the snecific.rcasons therefor. if either the Contractor or Architect has an it, reasonable_ objection to a person or entity proposed by the Owner and fullycomities with the rigm.pl+eceding sen once, the Owner shall propose another to whom the Contractor and the Architect ]rarvo no reasonable objection, iVleeva If the absence of the ntatcrial or substance is vG . I00, Work shalt immediately resume without adiuslmclll to the Contrael Titnc ar the Contract sum. Ef the presence of the material or suirslanee is vcrili vhen the material or substance has been rendered harmless. Work in the affected area shall resume upon a ripen agreement orthe Owner and Contractor. The Contract Time: shall be extended if and as "_vprialc upprnpriutely and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional Ajid incurred -costs of shul-down. Belay and start-up. if any, which adjustments shall be accomplished as provided in Article 7. 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and [told harmless the Contractor. Subcontractors, Architect, Architect's consultants and agents and employees of any of them from and against eloims: damages. losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Subparagraph 10.3.1 and lilts not been rendered harmless, provided that such c4ahn; damage, Ions or expense is attributable to bndily injury, sickness, disease or death, or to injury to or deslruclion of tangible property (other than the Work itself) and provided ilial such damage. loss or expense is not due to the sole negligence of a party seeking indenimly. 10.4 The Owner shall not be responsible under Paragraph 111.3 f'or materials and subslanccs brought to the site by the Contractor unless such materials or substances were erpress required by the L"omrlci Documents. 10.6 If, without negligence on the pari of the Contractor, pr a bre ach of nlcvttnt.provisions or the Contract Doctuatenls, the Contractor is held linable for lite cost of remediation of a hazardous material or substance solely by reason of performing Work MA' n AI. CONIR I'II 1Nti I1 N '11'134: Ci)Nl'ItAC'I' F'! IR CUNS'rkl f C i It N • 11107 1' 11 t I ION • AIA- CUP]' n n it rl' 1'1'!7 - 1'I Ili iU1t1',k IVAN INS"['ITirIH (;F AHCiII'MICTS. 1733 NEW YORK AVI-NIA. NA1', IVAStnti(rlt)N, U.C.. 2L)4M,.52')2 WARMNXi IWNIi .'A Idtulu.zgiyuo)j vioW4 VS avyrigla 14vs and will Ku" the violator to 1r7p1 Itlrwnxrd wee l",A t d wdh rw r Aa kvs of (he AIA wed � to uln-ItmW %&Oh,na riul6irn 1mtil QK- date ufeVir.1111M re nolod W.M. fiNclronie, normal hZ11-1997 User Document: VERO--71102u1)(t. AIA I,tcensc Numlxr 10461111, which cspires on 11N).oll l -- Page 413