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Contractor, Subcontractors, Suppliers, or
<br />anyone else for whom Contractor is
<br />responsible.
<br />D. If Contractor encounters a Hazardous
<br />Environmental Condition or if Contractor or
<br />anyone for whom Contractor is responsible
<br />creates a Hazardous Environmental
<br />Condition, Contractor shall immediately: (i)
<br />secure or otherwise isolate such condition; (ii)
<br />stop all Work in connection with such
<br />condition and in any area affected thereby
<br />(except in an emergency as required by
<br />Paragraph 6.16.A); and (iii) notify Owner and
<br />Engineer (and promptly thereafter confirm
<br />such notice in writing). Owner shall promptly
<br />consult with Engineer concerning the
<br />necessity for Owner to retain a qualified
<br />expert to evaluate such condition or take
<br />corrective action, if any.
<br />E. Contractor shall not be required to resume
<br />Work in connection with such condition or in
<br />any affected area until after Owner has
<br />obtained any required permits related thereto
<br />and delivered to Contractor written notice: (i)
<br />specifying that such condition and any
<br />affected area is or has been rendered safe for
<br />the resumption of Work; or (ii) specifying any
<br />special conditions under which such Work
<br />may be resumed safely. If Owner and
<br />Contractor cannot agree as to entitlement to or
<br />on the amount or extent, if any, of any
<br />adjustment in Contract Price or Contract
<br />Times, or both, as a result of such Work
<br />stoppage or such special conditions under
<br />which Work is agreed to be resumed by
<br />Contractor, either party may make a Claim
<br />therefor as provided in Paragraph 10.05.
<br />F. If after receipt of such written notice
<br />Contractor does not agree to resume such
<br />Work based on a reasonable belief it is
<br />unsafe, or does not agree to resume such
<br />Work under such special conditions, then
<br />Owner may order the portion of the Work that
<br />is in the area affected by such condition to be
<br />deleted from the Work. If Owner and
<br />Contractor cannot agree as to entitlement to or
<br />on the amount or extent, if any, of an
<br />adjustment in Contract Price or Contract
<br />Times as a result of deleting such portion of
<br />the Work, then either party may make a Claim
<br />therefor as provided in Paragraph 10.05.
<br />Owner may have such deleted portion of the
<br />Work performed by Owner's own forces or
<br />others in accordance with Article 7.
<br />G. To the fullest extent permitted by Laws and
<br />Regulations, Owner shall indemnify and hold
<br />harmless Contractor, Subcontractors, and
<br />Engineer, and the officers, directors, partners,
<br />employees, agents, consultants, and
<br />subcontractors of each and any of them from
<br />and against all claims, costs, losses, and
<br />damages (including but not limited to all fees
<br />and charges of engineers, architects, attorneys,
<br />and other professionals and all court or
<br />arbitration or other dispute resolution costs)
<br />arising out of or relating to a Hazardous
<br />Environmental Condition, provided that such
<br />Hazardous Environmental Condition: (i) was
<br />not shown or indicated in the Drawings or
<br />Specifications or identified in the Contract
<br />Documents to be included within the scope of
<br />the Work, and (ii) was not created by
<br />Contractor or by anyone for whom Contractor
<br />is responsible. Nothing in this Paragraph 4.06.
<br />G shall obligate Owner to indemnify any
<br />individual or entity from and against the
<br />consequences of that individual's or entity's
<br />own negligence.
<br />H. To the fullest extent permitted by Laws and
<br />Regulations, Contractor shall indemnify and
<br />hold harmless Owner and Engineer, and the
<br />officers, directors, partners, employees,
<br />agents, consultants, and subcontractors of
<br />each and any of them from and against all
<br />claims, costs, losses, and damages (including
<br />but not limited to all fees and charges of
<br />engineers, architects, attorneys, and other
<br />professionals and all court or arbitration or
<br />other dispute resolution costs) arising out of
<br />or relating to a Hazardous Environmental
<br />Condition created by Contractor or by anyone
<br />for whom Contractor is responsible. Nothing
<br />in this Paragraph 4.06.H shall obligate
<br />Contractor to indemnify any individual or
<br />entity from and against the consequences of
<br />that individual's or entity's own negligence.
<br />I. The provisions of Paragraphs 4.02, 4.03, and
<br />4.04 do not apply to a Hazardous
<br />Environmental Condition uncovered or
<br />revealed at the Site.
<br />Standard General Conditions
<br />00 72 00-12
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