Subcontractors

C. CONTRACTOR shall not be responsible for any G. To the fullest extent permitted by Laws andHazardous Environmental Condition uncovered or revealed Regulations, OWNER shall indemnify and hold harmlessat the Site which was not shown or indicated in Drawings or CONTRACTOR, Subcontractors, ENGINEER,Specifications or identified in the Contract Documents to be ENGINEER's Consultants and the officers, directors,within the scope of the Work. CONTRACTOR shall be partners, employees, agents, other consultants, andresponsible for a Hazardous Environmental Condition subcontractors of each and any of them from and against allcreated with any materials brought to the Site by CON- claims, costs, losses, and damages (including but not limitedTRACTOR, Subcontractors, Suppliers, or anyone else for to all fees and charges of engineers, architects, attorneys,whom CONTRACTOR is responsible.and other professionals and all court or arbitration or otherdispute resolution costs) arising out of or relating to aD. If CONTRACTOR encounters a Hazardous Hazardous Environmental Condition, provided that suchEnvironmental Condition or if CONTRACTOR or anyone Hazardous Environmental Condition: (i) was not shown orfor whom CONTRACTOR is responsible creates a indicated in the Drawings or Specifications or identified inHazardous Environmental Condition, CONTRACTOR the Contract Documents to be included within the scope ofshall immediately: (i) secure or otherwise isolate such the Work, and (ii) was not created by CONTRACTOR orcondition; (ii) stop all Work in connection with such by anyone for whom CONTRACTOR is responsible.condition and in any area affected thereby (except in an Nothing in this paragraph 4.06.E shall obligate OWNER toemergency as required by paragraph 6.16); and (iii) notify indemnify any individual or entity from and against theOWNER and ENGINEER (and promptly thereafter confirm consequences of that individual's or entity's own neglisuchnotice in writing). OWNER shall promptly consult gence.with ENGINEER concerning the necessity for OWNER toretain a qualified expert to evaluate such condition or take H. To the fullest extent permitted by Laws andcorrective action, if any.Regulations, CONTRACTOR shall indemnify and holdharmless OWNER, ENGINEER, ENGINEER's Consul-E. CONTRACTOR shall not be required to resume tants, and the officers, directors, partners, employees,Work in connection with such -condition or in any affected agents, other consultants, and subcontractors of each andarea until after OWNER has obtained any required permits any of them from and against all claims, costs, losses, andrelated thereto and delivered to CONTRACTOR written damages (including but not limited to all fees and charges ofnotice: (i) specifying that such condition and any affected engineers, architects, attorneys, and other professionals andarea is or has been rendered safe for the resumption of all court or arbitration or other dispute resolution costs)Work; or (ii) specifying any special conditions under which arising out of or relating to a Hazardous Environmentalsuch Work may be resumed safely. If OWNER and Condition created by CONTRACTOR or by anyone forCONTRACTOR cannot agree as to entitlement to or on the whom CONTRACTOR is responsible. Nothing in thisamount or extent, if any, of any adjustment in Contract Price paragraph 4.06.F shall obligate CONTRACTOR toor Contract Times, or both, as a result of such Work stop- indemnify any individual or entity from and against thepage or such special conditions under which Work is agreed consequences of that individual's or entity's own neglitobe resumed by CONTRACTOR, either party may make a gence.Claim therefor as provided in paragraph 10.05.I. The provisions of paragraphs 4.02, 4.03, and 4.04F. If after receipt of such written notice are not intended to apply to a Hazardous EnvironmentalCONTRACTOR does not agree to resume such Work Condition uncovered or revealed at the Site.based on a reasonable belief it is unsafe, or does not agreeto resume such Work under such special conditions, thenOWNER may order the portion of the Work that is in the ARTICLE 5 - BONDS AND INSURANCEarea affected by such condition to be deleted from theWork. If OWNER and CONTRACTOR cannot agree as to 5.01 Performance, Payment, and Other Bondsentitlement to or on the amount or extent, if any, of anadjustment in Contract Price or Contract Times as a resultA. CONTRACTOR shall fUinsh performance andof deleting such portion of the Work, then either party may payment Bonds, each in an amount at least equal to themake a Claim therekwntherelore as provided in paragraph Contract Price as security for the faithful performance and10.05. OWNER may have such deleted portion of the payment of all CONTRACTOR's obligations under theWork performed by OWNER's own forces or others in Contract Documents. These Bonds shall remain in effect ataccordance with Article 7.least until one year after the date when final payment ismade by the OWNERbeeonis-d , except as providedotherwise by Laws or Regulations or by the ContractEJCDC No. 1910-8 (1996 Edition) 007200- 14w/ JJG Modifications (Rev03/06/08)