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under which Work is agreed to be resumed by
<br />CONTRACTOR, either party may make a Claim
<br />therefor as provided in paragraph 10.05.
<br />F. If after receipt of such written notice
<br />CONTRACTOR does not agree to resume such Work
<br />based on a reasonable belief it is unsafe, or does 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 to or on the
<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 Work, then either party may make a
<br />Claim therefor as provided in paragraph 10.05.
<br />OWNER may have such deleted portion of the Work
<br />performed by OWNER's own forces or others in
<br />accordance with Article 7.
<br />G. To the fullest extent permitted by Laws and
<br />Regulations, OWNER shall indemnify and hold
<br />harmless CONTRACTOR, Subcontractors, ENGI-
<br />NEER, ENGINEER's Consultants and the officers,
<br />directors, partners, employees, agents, other
<br />consultants, 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
<br />charges of engineers, architects, attorneys, and other
<br />professionals and all court or arbitration or other
<br />dispute resolution costs) arising out of or relating to a
<br />Hazardous Environmental Condition, provided that
<br />such Hazardous Environmental Condition: (i) was not
<br />shown or indicated in the Drawings or Specifications
<br />or identified in the Contract Documents to be included
<br />within the scope of the 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 to indemnify any
<br />individual or entity from and against the consequences
<br />of that individual's or entity'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 officers, directors, partners,
<br />employees, agents, other consultants, and
<br />subcontractors of each and any of them from and
<br />against all claims, costs, losses, and damages
<br />(including but not limited to all fees and charges of
<br />engineers, architects, attorneys, and other
<br />professionals and all court or arbitration or other
<br />dispute resolution costs) arising out of or relating to a
<br />Hazardous Environmental Condition created by
<br />CONTRACTOR or by anyone for whom
<br />CONTRACTOR is responsible. Nothing in this
<br />paragraph 4.06.F shall obligate CONTRACTOR to
<br />indemnify any individual or entity from and against the
<br />consequences of that individual's or entity's own negli-
<br />gence.
<br />I. The provisions of paragraphs 4.02, 4.03, and
<br />4.04 are not intended to apply to a Hazardous
<br />Environmental Condition uncovered or revealed at the
<br />Site.
<br />ARTICLE 5 - BONDS AND INSURANCE
<br />5.01 Performance, Payment, and Other Bonds
<br />A. CONTRACTOR shall furnish performance
<br />and payment Bonds, each in an amount at least equal
<br />to the Contract Price as security for the faithful perfor
<br />mance and payment of all CONTRACTOR'S
<br />or by the Contract Documents. CONTRACTOR shall
<br />also furnish such other Bonds as arc required by the
<br />Contract Documents.
<br />B. All Bonds shall be in the form prescribed by
<br />the Contract Documents except as provided otherwise
<br />by Laws or Regulations, and shall be executed by
<br />such sureties as are named in the current list of "Com-
<br />panies Holding Certificates of Authority as Acceptable
<br />Sureties on Federal Bonds and as Acceptable
<br />Reinsuring Companies" as published in Circular 570
<br />(amended) by the Financial Management Service,
<br />Surety Bond Branch, U.S. Department of the
<br />Treasury. All Bonds signed by an agent must be
<br />accompanied by a certified copy of such agent's
<br />authority to act.
<br />C. If the surety on any Bond furnished by CON-
<br />TRACTOR is declared bankrupt or becomes insolvent
<br />or its right to do business is terminated in any state
<br />where any part of the Project is located or it ceases to
<br />meet the requirements of paragraph 5.01.B,
<br />CONTRACTOR shall within 20 days thereafter
<br />substitute another Bond and surety, both of which
<br />shall comply with the requirements of paragraphs
<br />5.01.B and 5.02.
<br />5.02 Licensed Sureties and Insurers
<br />A. All Bonds and insurance required by the
<br />Contract Documents to be purchased and maintained
<br />by OWNER or CONTRACTOR shall be obtained from
<br />surety or insurance companies that are duly licensed
<br />or authorized in the jurisdiction in which the Project is
<br />located to issue Bonds or insurance policies for the
<br />limits and coverages so required. Such surety and
<br />insurance companies shall also meet such additional
<br />requirements and qualifications as may be provided in
<br />the Supplementary Conditions.
<br />00700 - General Conditions REV 5-10-13
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