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C . CONTRACTOR shall not be responsible for performed by OWNER's own forces or others in
<br /> any Hazardous Environmental Condition uncovered or accordance with Article 7 .
<br /> revealed at the Site which was not shown or indicated
<br /> in Drawings or Specifications or identified in the G . To the fullest extent permitted by Laws and
<br /> 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 /> 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 /> 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 /> 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 ENGI - by CONTRACTOR or by anyone for whom
<br /> NEER (and promptly thereafter confirm such notice in CONTRACTOR is responsible . Nothing in this para-
<br /> 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 consequences
<br /> retain a qualified expert to evaluate such condition or of that individual' s or entity's own negligence.
<br /> take corrective action , if any.
<br /> H . To the fullest extent permitted by Laws and
<br /> E . CONTRACTOR shall not be required to Regulations, CONTRACTOR shall indemnify and hold
<br /> resume Work in connection with such condition or in harmless OWNER, ENGINEER , ENGINEER's
<br /> any affected area until after OWNER has obtained Consultants , and the officers , directors , partners ,
<br /> any required permits related thereto and delivered to employees , agents, other consultants , and
<br /> CONTRACTOR written notice : ( i) specifying that such subcontractors of each and any of them from and
<br /> condition and any affected area is or has been against all claims, costs, losses , and damages
<br /> rendered safe for the resumption of Work; or ( ii) (including but not limited to all fees
<br /> and charges of
<br /> specifying any special conditions under which such engineers , architects , attorneys , and other
<br /> Work may be resumed safely. If OWNER and professionals and all court or arbitration or other
<br /> CONTRACTOR cannot agree as to entitlement to or dispute resolution costs) arising out of or relating to a
<br /> on the amount or extent, if any, of any adjustment in Hazardous Environmental Condition created by
<br /> Contract Price or Contract Times, or both , as a result CONTRACTOR or by anyone for whom
<br /> of such Work stoppage or such special conditions CONTRACTOR is responsible . Nothing in this
<br /> under which Work is agreed to be resumed by paragraph 4 . 06 . E shall obligate CONTRACTOR to
<br /> CONTRACTOR , either party may make a Claim indemnify any individual or entity from and against the
<br /> therefor as provided in paragraph 10 . 05 . consequences of that individual 's or entity' s own negli-
<br /> gence.
<br /> F . If after receipt of such written notice
<br /> CONTRACTOR does not agree to resume such Work I . The provisions of paragraphs 4 . 02 , 4 . 03 , and
<br /> based on a reasonable belief it is unsafe, or does not 4 . 04 are not intended to apply to a Hazardous
<br /> agree to resume such Work under such special condi- Environmental Condition uncovered or revealed at the
<br /> tions , then OWNER may order the portion of the Work Site .
<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 ARTICLE 5 - BONDS AND INSURANCE
<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 5 . 01 Performance, Payment, and Other Bonds
<br /> Claim therefor as provided in paragraph 10 . 05 .
<br /> OWNER may have such deleted portion of the Work
<br /> apdlae�Mnus_ , each in an amount at least equal
<br /> 00700 - General Conditions REV 04-07
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<br /> F:\Engineering\Capital Projects\080317th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\00700 - General
<br /> Conditions REV
<br /> 04-07. doc
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