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"technical data," CONTRACTOR may not rely upon or make make a Claim therefore as provided in paragraph
<br /> 10. 05.
<br /> any Claim against OWNER, ENGINEER or any of ENGINEER's OWNER may have such deleted portion of the Work performed
<br /> Consultants with respect to: by OWNER's own forces or others in accordance with Article 7.
<br /> 1 . the completeness of such reports and drawings G. To the fullest extent permitted by Laws and
<br /> for CONTRACTOR's purposes , including , but not Regulations, OWNER shall indemnify and hold harmless
<br /> limited to, any aspects of the means, methods , CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's
<br /> techniques, sequences and procedures of construction Consultants and the officers , directors , partners, employees ,
<br /> to be employed by CONTRACTOR and safety agents, other consultants, and subcontractors of each and any
<br /> precautions and programs incident thereto; or of them from and against all claims, costs , losses, and damages
<br /> (including but not limited to all fees and charges of engineers,
<br /> 2. other data , interpretations, opinions and architects, attorneys, and other professionals and all court or
<br /> information contained in such reports or shown or arbitration or other dispute resolution costs) arising
<br />out of or
<br /> indicated in such drawings ; or relating to a Hazardous Environmental Condition, provided that
<br /> such Hazardous Environmental Condition: (I) was not shown or
<br /> 3. any CONTRACTOR interpretation of or indicated in the Drawings or Specifications or identified in the
<br /> conclusion drawn from any "technical data" or any such Contract Documents to be included within the scope of the
<br /> other data, Interpretations, opinions or information. Work, and (ii) was not created by CONTRACTOR or by anyone
<br /> for whom CONTRACTOR Is responsible. Nothing in this para-
<br /> C. CONTRACTOR shall not be responsible for any graph 4.06. E shall obligate OWNER to indemnify any individual
<br /> Hazardous Environmental Condition uncovered or revealed at or entity from and against the consequences of that individual's
<br /> the Site which was not shown or indicated in Drawings or or entitys own negligence.
<br /> Specifications or identified in the Contract Documents to be
<br /> within the scope of the Work. CONTRACTOR shall be H . To the fullest extent permitted by Laws and
<br /> responsible for a Hazardous Environmental Condition created Regulations, CONTRACTOR shall indemnify and hold harmless
<br /> with any materials brought to the Site by CONTRACTOR, OWNER, ENGINEER, ENGINEER's Consultants, and
<br /> the
<br /> Subcontractors , Suppliers , or anyone else for whom CON- officers, directors, partners, employees , agents , other
<br /> TRACTOR Is responsible. consultants, and subcontractors of each and any of them from
<br /> and against all claims, costs, losses , and damages (including
<br /> D. If CONTRACTOR encounters a Hazardous but not limited to all fees and charges of engineers, architects,
<br /> Environmental Condition or if CONTRACTOR or anyone for attorneys, and other professionals and all court or arbitration or
<br /> whom CONTRACTOR is responsible creates a Hazardous other dispute resolution costs ) arising out of or relating
<br /> to a
<br /> Environmental Condition, CONTRACTOR shall immediately: (i) Hazardous Environmental Condition created by CONTRACTOR
<br /> secure or otherwise isolate such condition; (11) stop all Work in or by anyone for whom CONTRACTOR is responsible. Nothing
<br /> connection with such condition and in any area affected thereby in this paragraph 4. 06. F shall obligate CONTRACTOR
<br />to
<br /> (except in an emergency as required by paragraph 6. 16); and indemnify any individual or entity from and
<br /> against the
<br /> (iii) notify OWNER and ENGINEER (and promptly thereafter consequences of that individual's or entitys own negligence.
<br /> confirm such notice in writing). OWNER shall promptly consult
<br /> with ENGINEER concerning the necessity for OWNER to retain I . The provisions of paragraphs 4.02, 4.03, and 4. 04 are
<br /> a qualified expert to evaluate such condition or take corrective not intended to apply to a Hazardous Environmental Condition
<br /> action, if any, uncovered or revealed at the Site.
<br /> E. CONTRACTOR shall not be required to resume Work
<br /> in connection with such condition or in any affected area until ARTICLE 5 - BONDS AND INSURANCE(tc "ARTICLE 5 -
<br /> after OWNER has obtained any required permits related thereto BONDS AND INSURANCE")
<br /> and delivered to CONTRACTOR written notice: (i) specifying
<br /> that such condition and any affected area is or has been
<br /> rendered safe for the resumption of Work; or (ii) specifying any 5.01 Performance, Payment, and Other Bands{tc In
<br /> special conditions under which such Work may be resumed "5. 01 Performance, Payment, and Other Bonds ')
<br /> safely. If OWNER and CONTRACTOR cannot agree as to
<br /> entitlement to or on the amount or extent, if any, of any A. CONTRACTOR shall furnish performance and
<br /> adjustment in Contract Price or Contract Times , or both, as a payment Bonds , each in an amount at least
<br /> equal to the
<br /> result of such Work stoppage or such special conditions under Contract Price as security for the faithful performance
<br /> and
<br /> which Work is agreed to be resumed by CONTRACTOR, either payment of all CONTRACTOR's obligations under the Contract
<br /> party may make a Claim therefore as provided in paragraph Documents. These Bonds shall remain in effect at least
<br /> until
<br /> 10.05. one year after the date when final payment becomes due,
<br /> except as provided otherwise by Laws or Regulations or by the
<br /> F. if after receipt of such written notice CONTRACTOR Contract Documents , CONTRACTOR shall also furnish such
<br /> does not agree to resume such Work based on a reasonable other Bonds as are required by the Contract Documents,
<br /> belief it is unsafe, or does not agree to resume such Work
<br /> under such special conditions , then OWNER may order the B . All Bonds shall be in the form prescribed
<br /> by the
<br /> portion of the Work that is in the area affected by such condition Contract Documents except as provided otherwise by Laws or
<br /> to be deleted from the Work. If OWNER and CONTRACTOR Regulations, and shall be executed by such sureties as are
<br /> cannot agree as to entitlement to or on the amount or extent, if named in the current list of "Companies Holding Certificates
<br /> of
<br /> any, of an adjustment in Contract Price or Contract Times as a Authority as Acceptable Sureties on Federal Bonds
<br />and as
<br /> result of deleting such portion of the Work, then either party may Acceptable Reinsuring Companies" as published in Circular 570
<br /> 00700 - 12
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