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10. 2 . 7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. 10. 3 HAZARDOUS MATERIALS 10. 3 . 1 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl ( PCB ) , encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop any ongoing Work in the affected area and report the condition to the Owner and Architect in writing. 10. 3 . 2 The Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to verify that it has been rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to THIS DOCUMENT HAS IMPORTANT LEGAL perform tests verifying the presence or absence of such material or substance or who are to CONSEQUENCES. CONSULTATION WITH AN perform the task of removal or safe containment of such material or substance . The Contractor ATTORNEY 15 ENCOURAGED WITH and the Architect will promptly reply to the Owner in writing stating whether or not either has RESPECT TO ITS COMPLETION OR reasonable objection to the persons or entities proposed by the Owner . and in the event of MODIFICATION. AUTHENTICATION OF THIS an objection . the specific reasons therefor. If either the Contractor or Architect has an a ELECTRONICALLY DRAFTED AIA reasonable objection to a person or entity proposed by the Owner and fully complies with DOCUMENT MAY BE MADE BY USING AIA the next proceeding sentence. the Owner shall propose another to whom the Contractor DOCUMENT D401. and the Architect have no reasonable objection. \ A� If the absence of the material or This document has been approved and substance is verified Work shall immediately resume without adjustment of the endorsed by The Associated General Contract Time or the Contract sum . If the presence of the material or substance is Contractors of America. verified . when the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. The Contract Time shall be extended if and as appropriate apprepriak4y and the Contract Sum shall be increased in the amount of the Contractor' s reasonable additional and incurred costs of shut-down, delay and start-up, if any. which adjustments shall be accomplished as provided in Article 7. 10. 3 . 3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Subparagraph 10.31 and has not been rendered harmless, provided that such e-hlkm-,, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property ( other than the Work itself) and provided that such damage, loss or expense is not due to the sole negligence of a party seeking indemnity. 10. 4 The Owner shall not be responsible under Paragraph 10.3 for materials and substances brought to the site by the Contractor unless such materials or substances were expressly required by the Contract Documents. 10. 5 If, without negligence on the part of the Contractor, or a breach of relevant �= provisions of the Contract Documents . the Contractor is held liable for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. 10. 6 EMERGENCIES 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE Copyright 1911, 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 19668 1967, 1970, 1976, 19870 1997 by The CONTRACT FOR CONSTRUCTION American Institute of Architects . Fifteenth Edition . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects States and will subject the violate to legal prosecution . WARNING : Unlicensed photocopying violates U .S . 1735 New York Avenue, N .W. copyright laws and will subject the violator to legal prosecution . This document was electronically produced Washington, D . C . 20006-5292 with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . expiration as noted below . expiration as noted below . User Document : a201 general conditions irc jail expansion (2004) .aia -- 10/29/2004. AIA License Number 1127252, which expires on 12/31/2004. 37