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objection to a person or entity proposed by the Owner and fully complies with the 03Artter,—next proceeding sentence, <br /> the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When If <br /> the absence of the material or substance is verified , Work shall immediately resume without adjustment of the <br /> Contract Time or the Contract sum. If the presence of the material or substance is verified, when the material or <br /> substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner <br /> and Contractor. The Contract Time shall be extended apprepr-iately-if and as appropriate y and the Contract Sum <br /> shall be increased in the amount of the Contractor' s reasonable additional and incurred costs of shut-down, delay <br /> and start-up, which adjustments shall be accomplished as provided in Article 7 . <br /> § 10.3.3 To the fullest extent permitted by law, and without waiving sovereign immunity or extending the liability of <br /> the Owner beyond the limits of Florida Statutes section 768 .28 , the Owner shall indemnify and hold harmless the <br /> Contractor, Subcontractors, Architect, Architect' s consultants and agents and employees of any of them from and <br /> against claims, damages, losses and expenses, including but not limited to attorneys ' fees, arising out of or resulting <br /> from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily <br /> injury or death as described in Section 10.3 . 1 and has not been rendered harmless, provided that such claim, damage, <br /> loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible <br /> property (other than the Work itself) and provided that such damage, loss or expense is not due to the sole <br /> negligence of a party seeking indemnity. <br /> § 10.4 The Owner shall not be responsible under Section 10. 3 for materials and substances brought to the site by the <br /> Contractor unless such materials or substances were required by the Contract Documents . <br /> § 10.5 If, without negligence on the part of the Contractor, or a breach of relevant provisions of the Contract <br /> Documents, the Contractor is held liable for the cost of remediation of a hazardous material or substance solely by <br /> reason of performing Work as required by the Contract Documents, the Owner shall iedemni€y-indemnify, to the <br /> extent permitted provided by Florida law, and without waivingsgn immunity or extending the liability of the <br /> Owner beyond the limits of Florida Statutes section 768 .28 , the Contractor for all cost and expense thereby incurred . <br /> § 10.6 EMERGENCIES <br /> § 10.6. 1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor' s <br /> discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by <br /> the Contractor on account of an emergency shall be determined as provided in Section 4 .3 and Article 7 . <br /> ARTICLE 11 INSURANCE AND BONDS <br /> § 11 . 1 CONTRACTOR'S LIABILITY INSURANCE <br /> § 11 .1 .1 The Contractor shall purchase from and maintain ie-with a company authorized to do <br /> business in the ' tifisdietion in whieh the PFE)jeet is lee ., .o,, State of Florida with a Best Key Rating of A- VIII, all <br /> such insurance as will protect the wner against any and all claims <br /> ett�s for damages to persons or property as a result €rete of actions of the Gentraeter's-Contractor' s operations <br /> under the Contract and for which the Contractor may be legally liable, whetter such operations be by the Contractor <br /> or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any <br /> of them may be lialjle liable. The Contractor shall maintain the following coverages : <br /> . 1 Workers' Compensation — Workers ' compensation to meet statutory limits in compliance with <br /> Florida Law. This policy must include employers ' liability with a minimum of $500,000 each <br /> accident $500,000 disease policy limit, and $ 100,000 disease each employee ; .2 Commercial <br /> General Liability — A per occurrence form policy, including Premise Operations , Independent <br /> Contractors, Products and Completed Operations including Broad Form Property Damage, Broad <br /> Form Property Damage Endorsement, with a combined single limit of not less than $5 ,000,000 <br /> general aggregate to include products/completed operations, personal injury/advertising liability, fire <br /> damage/legal liability, and medical payments . Limits can be layered with an Excess Liability Policy <br /> (Umbrella) : .3 Business Auto Liability —Coverage shall include Owned vehicles, Hired/Non- <br /> Owned vehicles, for a combined single limit (bodily injury and property damage) of not less than <br /> $3 ,000,000/combined single limit (Bodily Iniury/Property Damage) ; personal injury protection- <br /> statutory limits ; $ 1 ,000,000 uninsured/underinsured motorist: $ 1 ,000,000/hired/non-owned auto <br /> liability. Limits can be layered with Excess Liability Policy (Umbrella) : .4 Builders ' Risk — All risk <br /> coverage with limits equal to one hundred percent ( 100%) of the completed value of the Work. There <br /> AIA Document A201TM - 1997. Copyright 0 1911 , 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1967, 1970, 1976, 1987 and 1997 <br /> by The <br /> American Institute of Architects. All rights reserved. WARNING : This AIAe Document is protected by U.S. Copyright Law and International Treaties. <br /> Unauthorized reproduction or distribution of this A10 Document, or any portion of It, may result in severe civil and criminal penalties, and will <br />be 34 <br /> prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17 : 14:54 on 05/25/2005 under Order <br /> No. 1000126313_1 which expires on 6/29/2005, and is not for resale. <br /> User Notes: (3418817618) <br />