TranSystems Corporation - LGM Construction

officers, shareholders, employees and agents of Contractor and its Subcontractors will have no
liability or responsibility for Environmental Conditions (as defined below), or for any
remediation or mitigation of Environmental Conditions. The term “Environmental Conditions”
means the presence on, in, or under, or migrations to or from, the Site of any Hazardous Material
in concentrations that exceed any effective cleanup standards that Environmental Laws establish,
whether occurring in ambient air, surface water, groundwater, land surface or subsurface strata.
Section 13.05. Health and Safety Plan.
Contractor shall formulate and implement a health
and safety plan (the “Health and Safety Plan”) that is reasonable in light of any known
Environmental Conditions and that complies with all applicable laws, ordinances, rules and
regulations, including, without limitation, the Occupational Health and Safety Act and the
regulations promulgated on the authority of that Act. Contractor shall cause its workers and
those of its Subcontractors engaged in the Work to comply with the Health and Safety Plan.
Moreover, if, during the Work, Contractor or any of the Subcontractors discover an
Environmental Condition, Contractor shall take reasonable measures to protect, and shall cause
the Subcontractors to take reasonable measures to protect, their respective workers, FedEx's
employees and other portions of the Site from exposure to the newly discovered Environmental
Condition and shall give to FedEx’s Representative oral notice via telephone of the discovery of
that Environmental Condition on the date of the discovery and shall confirm that notice in
writing within one business day after the date of the discovery. Unless FedEx specifically
concurs with another course of action by means of written notice delivered to Contractor,
Contractor shall discontinue work in the vicinity of the area affected by the newly discovered
Environmental Condition pending FedEx’s or Landlord’s investigation of the discovery and the
completion of any remediation that Environmental Laws require FedEx or Landlord to undertake
with respect to that Environmental Condition or that FedEx or Landlord elects to undertake.
Moreover, if the potential risk to human health that a newly discovered Environmental Condition
warrants, Contractor may discontinue in its reasonable discretion all work on the Site pending
FedEx’s or Landlord’s investigation of the discovery and the completion of any remediation that
Environmental Laws require FedEx or Landlord to undertake with respect to that Environmental
Condition or that FedEx or Landlord elects to undertake. Delay in the performance of the Work
attributable to that investigation or additional remediation will constitute Excusable Delays for
purposes of this Agreement. Contractor must promptly make appropriate adjustments to the
Health and Safety Plan to reflect the discovery of the additional Environmental Condition.
Section 13.06. Additional Reports.
Promptly following its receipt of any additional reports
that pertain to Hazardous Material on the Site or any correspondence from the United States
Environmental Protection Agency or any other governmental authority having jurisdiction over
the environmental condition of the Site that pertain to the Site and that might affect the manner in
which Contractor prosecutes the Work, FedEx shall furnish copies of those reports or
correspondence to Contractor.
Section 13.07. Testing of Fill. If the Work requires Contractor or any Subcontractor to
import fill material to the Site, Contractor may not take, and may not permit any of its
Subcontractors to take, any fill material from a source for use at the Site until Contractor causes
samples from that source to be analyzed for the presence of Hazardous Material and furnishes to
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