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40 <br />LI <br />CA <br />Consultants and the offt ers. dinoaors. crttployoes. agents. <br />ocher consultants and subcoatr=orx of csch and any of <br />thein frnm and against an dartos. costs. losses and damages <br />arisings out of or rcsuldng from such hazardous condition. <br />provided that: GI any such claim. cost. loss or datnagc is <br />attributable to bodily injury. sirkncss. diaatse or death. or to <br />injury to or deatnrction of tutgibie property (other than the <br />Work itself). including the loss of use resulting therefrom. <br />and tail nothing in this subparagraph 4.5.4 shill obligate <br />OWNER to indemnify any person or entity from and against <br />the conscqu.erices of that person's or entity's own regli• <br />genu. <br />4.5.5. The provisions of pira.gzaphs 4.2 and 4.3 ant not <br />intended to apply to Asbestoz. PCBs.. Petroleum. Hatrardous <br />Waste or Radioactive Material uncovered or revcakd at the <br />the. <br />ARTICLE 5—BONDS ANIS INSURANCE <br />Pnfrrnnm -c. Pmnunt and Other Sonde: <br />5.1. CONTRACTOR shall furnish Performance and Pay- <br />rncm Bonds. each in an amount at least aqual to the Conuac, <br />Price as security for the fsithtful performance and payment of <br />all CONTRACI"OR's obligations under the Contract Do.u• <br />meets. These bonds shall ramain in effect at heist until one <br />yt it after the date when final payment becomes due. except as <br />provided otherwise by Laws or Regulations or by the Contract <br />nocuments. C'ONTRA::T'OR shall also furnish such other <br />Bonds as arc required by the Supplementary Conditions. All <br />Bands shall be in the form prescribed by the Contru:a Docu- <br />ments except as provided otherwise by laws or Regulations, <br />and shall be cxcratted by such sureties u ane Warted in the <br />current list of "Companies Holding Cerditrates of Authority as <br />Acceptable Scuttles on Fed" Bonds and as Accepuble <br />ReinwringCorn paries " as published in Cirw1ar5701inicndedI <br />by the Audit Stall. Bureau of Government J inancW Opera- <br />tions. U.S. -Treasury Dcp=rocrit. All Bonds signed by an <br />agent must be accompu»ed by a certified copy of such anent -s <br />authority to act. <br />5.2. if the surety on any Bond furnished by CONTRAC- <br />TOR is dedw-ed a bankmpt or becomes insolvent or its right to <br />do business is ternutuucd in any state where any pan of the <br />Project is located or it ccatses to meet the requirements of <br />paragraph 5.1. CONTRACMR shall within ten days thercrfter <br />substitute another Bond and surety, both of which must be <br />acceptable to OWNER. <br />53. Liataxed 5uracs wd frrsury-x. Cerq w -,ver u/1nzwvnre; <br />5.3.L Ali Bands and insurano: required by the Contract <br />D cuatcnts to be purshascd and maintatincd by OWNER or <br />CONTRJ4Ci'C]R shall be obtained from surety or insurance <br />t <br />companies that are duly hccr.ud or authofi=d in the juris. <br />diction in which the Project is located to issue Bonds or <br />insunmcc policies for the limits and coverapcs so required. <br />Such surti y and irtsurancc companies ticall also meet such <br />additional requimments and qualifications as may be pro- <br />vided in the Supplemettury Conditions. <br />5.3.. CONTRACMR slash deliver to OWNER. with <br />copies to each additional insured ideriffiied in the Supple. <br />mentary Coodidorts. rcnifit= of insurance tand other <br />evidraicc of insurance requested by OWNER or any Lather <br />additional insured) which CONTRACTOR is required io <br />purchase and msinuain in accordance with paragraph 5.4. <br />OWNER shalt deliver to CONTRACTOR. with copies to <br />each additional insured identified in the Supplementan' <br />Conditions. certificates of insurance tand other evidence of <br />innuarice requested by CON'T3iACfOR or anv other addi- <br />tional insttredi which OWNER is acquired to purchase and <br />maintain in accordance with paragraphs 5.6 and 5.7 hereof. <br />CON R ACTQK's L abrrr► Jmmn%rLcrt <br />5.4. CON-17RACI'QR shall purr-hasc and rnxinWn such <br />liability and other insurance as is approPriatc for the Work <br />being performed and furnished and as will provide protection <br />from claims set forth below which tray arise out of or r=lt <br />from CONTRACTOR's performance and furnishing of the <br />Work and CONTRAGiMs other obligations under the Con- <br />tract Docurrmnts. whether it is to be perfarrncd or furnished by <br />CON fTRACTL7R. any Subcontractor or Supplier or by anyone <br />directly or indirectly employed by any of them to perform or <br />furnish any of the 1Vork. or by anyone for whose acts any of <br />thorn ntay be liable: <br />5.4.1. claims under workers' compensadon. disability <br />benefits and other similar employee benefit acts; <br />5.4.. claims for damages brcxtusc of bodily injury. oc- <br />rup4601121 sickness or disease. or death of CON-TRAC- <br />TOR's employees - <br />5.4.3, claims rur damages because of bodily injury. sick- <br />ncss or disease, or death of any person other thin CON- <br />TRACTQR-s cmployccs- <br />5.4.4. claims for damzpcs insured by customary perscnal <br />injury liability coycwc which are sustained: fit by any <br />person as a result of an offense directly or indirectly rela(cd <br />to the cmploymcnt of such person by cc)N iR-ACMR• criiit <br />by any other persvn for any other reason: <br />5.4.t. claims for damages. other Ihan to the Worts Wclf. <br />because of injury to or &struction of tangible prapcny <br />wherever located. including loss of use resutting thercfeom. <br />to d <br />5.4.6. claims for darrtagcs bcca?uc of bodily injury or <br />death of any person or property darnarse arising out or the <br />ovemrship. rnaintcnancc or use of any motor vchielc. <br />00,700-21 <br />