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+r C. CONTRACTOR shall not be responsible for performed by OWNER's own forces or others in
<br /> any Hazardous Environmental Condition uncovered accordance with Article 7 .
<br /> or revealed at the Site which was not shown or
<br /> indicated in Drawings or Specifications or identified in G . To the fullest extent permitted by Laws and
<br /> the Contract Documents to be within the scope of the Regulations, OWNER shall indemnify and hold
<br /> Work. CONTRACTOR shall be responsible for a harmless CONTRACTOR, Subcontractors , ENGI-
<br /> Hazardous Environmental Condition created with any NEER, ENGINEER's Consultants and the officers,
<br /> r materials brought to the Site by CONTRACTOR, directors , partners , employees , agents , other
<br /> Subcontractors, Suppliers, or anyone else for whom consultants, and subcontractors of each and any of
<br /> CONTRACTOR is responsible. them from and against all claims , costs, losses , and
<br /> damages (including but not limited to all fees and
<br /> D. If CONTRACTOR encounters a Hazardous charges of engineers, architects , attorneys, and other
<br /> Environmental Condition or if CONTRACTOR or professionals and all court or arbitration or other
<br /> anyone for whom CONTRACTOR is responsible dispute resolution costs) arising out of or relating to a
<br /> s creates a Hazardous Environmental Condition , Hazardous Environmental Condition , provided that
<br /> CONTRACTOR shall immediately: (i) secure or such Hazardous Environmental Condition : (i) was not
<br /> otherwise isolate such condition ; (ii) stop all Work in shown or indicated in the Drawings or Specifications
<br /> connection with such condition and in any area or identified in the Contract Documents to be included
<br /> r' affected thereby (except in an emergency as required within the scope of the Work, and (ii) was not created
<br /> by paragraph 6 . 16); and (iii) notify OWNER and by CONTRACTOR or by anyone for whom
<br /> ENGINEER (and promptly thereafter confirm such CONTRACTOR is responsible. Nothing in this para-
<br /> notice in writing). OWNER shall promptly consult with graph 4.06.E shall obligate OWNER to indemnify any
<br /> ENGINEER concerning the necessity for OWNER to individual or entity from and against the conse-
<br /> retain a qualified expert to evaluate such condition or quences of that individual's or entity's own negli-
<br /> r.
<br /> take corrective action , if any. gence.
<br /> E. CONTRACTOR shall not be required to H . To the fullest extent permitted by Laws and
<br /> resume Work in connection with such condition or in Regulations, CONTRACTOR shall indemnify and hold
<br /> any affected area until after OWNER has obtained harmless OWNER, ENGINEER, ENGINEER's
<br /> any required permits related thereto and delivered to Consultants, and the officers, directors, partners ,
<br /> CONTRACTOR written notice: (i) specifying that such employees , agents, other consultants , and
<br /> condition and any affected area is or has been subcontractors of each and any of them from and
<br /> rendered safe for the resumption of Work; or (ii) against all claims , costs , losses , and damages
<br /> specifying any special conditions under which such (including but not limited to all fees and charges of
<br /> Work may be resumed safely. If OWNER and engineers, architects, attorneys, and other
<br /> CONTRACTOR cannot agree as to entitlement to or professionals and all court or arbitration or other
<br /> on the amount or extent, if any, of any adjustment in dispute resolution costs) arising out of or relating to a
<br /> Contract Price or Contract Times, or both , as a result Hazardous Environmental Condition created by
<br /> of such Work stoppage or such special conditions CONTRACTOR or by anyone for whom
<br /> ~ under which Work is agreed to be resumed by CONTRACTOR is responsible . Nothing in this
<br /> CONTRACTOR, either party may make a Claim paragraph 4.06 . E shall obligate CONTRACTOR to
<br /> therefor as provided in paragraph 10.05. indemnify any individual or entity from and against the
<br /> consequences of that individual's or entity's own
<br /> F. If after receipt of such written notice negligence.
<br /> CONTRACTOR does not agree to resume such Work
<br /> based on a reasonable belief it is unsafe , or does not I . The provisions of paragraphs 4.02, 4.03, and
<br /> on agree to resume such Work under such special condi- 4.04 are not intended to apply to a Hazardous
<br /> tions, then OWNER may order the portion of the Work Environmental Condition uncovered or revealed at the
<br /> that is in the area affected by such condition to be Site.
<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 /> a' 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 /> r
<br /> 00700 - General Conddbns REV 04-07
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