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<br />1. the completeness of such reports and drawings
<br />for Contractor's purposes, including, but not limited to,
<br />any aspects of the means, methods, techniques, sequences
<br />and procedures of construction to be employed by
<br />Contractor and safety precautions and programs incident
<br />thereto; or
<br />
<br />2. other data, interpretations, opmlOns and
<br />information contained in such reports or shown or
<br />indicated in such drawings; or
<br />
<br />3. any Contractor interpretation of or conclusion
<br />drawn from any "technical data" or any such other data,
<br />interpretations, opinions or information.
<br />
<br />C. Contractor shall not be responsible for any
<br />Hazardous Environmental Condition uncovered or re-
<br />vealed at the Site which was not shown or indicated in
<br />Drawings or Specifications or identified in the Contract
<br />Documents to be within the scope of the Work.
<br />Contractor shall be responsible for a Hazardous
<br />Environmental Condition created with any materials
<br />brought to the Site by Contractor, Subcontractors,
<br />Suppliers, or anyone else for whom Contractor is
<br />responsible.
<br />
<br />-D. If Contractor encounfers a Hazardous
<br />Environmental Condition or if Contractor or anyone for
<br />whom Contractor is responsible creates a Hazardous
<br />Environmental Condition, Contractor shall immediately:
<br />(i) secure or otherwise isolate such condition; (ii) stop all
<br />Work in connection with such condition and in any area
<br />affected thereby (except in an emergency as required by
<br />Paragraph 6.16.A); and (iii) notify Owner and Engineer
<br />(and promptly thereafter confirm such notice in writing).
<br />Owner shall promptly consult with Engineer concerning
<br />the necessity for Owner to retain a qualified expert to
<br />evaluate such condition or take corrective action, ifany.
<br />
<br />E. Contractor shall not be required to resume
<br />Work in connection with such condition or in any affected
<br />area until after Owner has obtained any required permits
<br />related thereto and delivered to Contractor written notice:
<br />(i) specifying that such condition and any affected area is
<br />or has been rendered safe for the resumption of Work; or
<br />(ii) specifying any special conditions under which such
<br />Work may be resumed safely. If Owner and Contractor
<br />cannot agree as to entitlement to or on the amount or
<br />extent, if any, of any adjustment in Contract Price or
<br />Contract Times, or both, as a result of such Work stoP"
<br />page or such special conditions under which Work is
<br />agreed to be resumed by Contractor, either party may
<br />make a Claim therefor as provided in Paragraph 10.05.
<br />
<br />entitlement to or on the amount or extent, if any, of an
<br />adjustment in Contract Price or Contract Times as a result
<br />of deleting such portion of the Work, then either party
<br />may make a Claim therefor as provided in Paragraph
<br />10.05. Owner may have such deleted portion of the Work
<br />performed by Owner's own forces or others in accordance
<br />with Article 7.
<br />
<br />G. To the fullest extent permitted by Laws and
<br />Regulations, Owner shall indemnify and hold harmless
<br />Contractor, Subcontractors, and Engineer, and the
<br />officers, directors, partners, employees, agents,
<br />consultants, and subcontractors of each and any of them
<br />from and against all claims, costs, losses, and damages
<br />(including but not limited to all fees and charges of
<br />engineers, architects, attorneys, and other professionals
<br />and all court or arbitration or other dispute resolution
<br />costs) arising out of or relating to a Hazardous
<br />Environmental Condition, provided that such Hazardous
<br />Environmental Condition: (i) was not shown or indicated
<br />in the Drawings or Specifications or identified in the
<br />Contract Documents to be included within the scope of
<br />the Work, and (ii) was not created by Contractor or by
<br />anyone for whom Contractor is responsible. Nothing in
<br />this Paragraph 4.06. G shall obligate Owner to indemnify
<br />any individual or entity from and against the conse-
<br />quences. 6fthat hidividiial ' s or entity's oWh -negligence.
<br />
<br />H. To the fullest extent permitted by Laws and
<br />Regulations, Contractor shall indemnify and hold
<br />harmless Owner and Engineer, and the officers, directors,
<br />partners, employees, agents, consultants, and
<br />subcontractors of each and any of them from and against
<br />all claims, costs, losses, and damages (including but not
<br />limited to all fees and charges of engineers, architects,
<br />attorneys, and other professionals and all court or
<br />arbitration or other dispute resolution costs) arising out of
<br />or relating to a Hazardous Environmental Condition
<br />created by Contractor or by anyone for whom Contractor
<br />is responsible. Nothing in this Paragraph 4.06.H shall
<br />obligate Contractor to indemnify any individual or entity
<br />from and against the consequences of that individual's or
<br />entity's own negligence.
<br />
<br />I. The provisions of Paragraphs 4.02, 4.03, and
<br />4.04 do not apply to a Hazardous Environmental
<br />Condition uncovered or revealed at the Site.
<br />
<br />ARTICLE 5 - BONDS AND INSURANCE
<br />
<br />5.01 Performance, Payment, and Other Bonds
<br />
<br />F. If after receipt of such written notice A. Contractor shall furnish performance and
<br />Contractor does not agree to resume such Work based on payment bonds, each in an amount at least equal to the
<br />a reasonable belief it is unsafe, or does not agree to Contract Price as security for the faithful performance and
<br />resume such Work under such special conditions, then payment of all of Contractor's obligations under the
<br />Owner may order the portion of the Work that is in the Contract Documents. These bonds shall remain in effect
<br />area affected by such condition to be deleted from the until one year after the date when fmal payment becomes
<br />Work. If Owner and Contractor cannot agree as to due or until completion of the correction period specified
<br />EJCDC C-700 Standard General Conditions of the Construction Contract.
<br />Copyright (!:) 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
<br />00700 - 14
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