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F. Contractor shall not resume Work in connection with such Hazardous Environmental
<br />Condition or in any affected area until after Owner has obtained any required permits
<br />related thereto, and delivered written notice to Contractor either (1) specifying that such
<br />condition and any affected area is or has been rendered safe for the resumption of Work,
<br />or (2) specifying any special conditions under which such Work may be resumed safely.
<br />G. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if
<br />any, of any adjustment in Contract Price or Contract Times, or both, as a result of such
<br />Work stoppage or such special conditions under which Work is agreed to be resumed by
<br />Contractor, then within 30 days of Owner's written notice regarding the resumption of
<br />Work, Contractor may submit a Change Proposal, or Owner may impose a set-off.
<br />H. If after receipt of such written notice Contractor does not agree to resume such Work
<br />based on a reasonable belief it is unsafe, or does not agree to resume such Work under
<br />such special conditions, then Owner may order the portion of the Work that is in the area
<br />affected by such condition to be deleted from the Work, following the contractual change
<br />procedures in Article 11. Owner may have such deleted portion of the Work performed by
<br />Owner's own forces or others in accordance with Article 8.
<br />I. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold
<br />harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members,
<br />partners, employees, agents, consultants, and subcontractors of each and any of them
<br />from and against all claims, costs, losses, and damages (including but not limited to all fees
<br />and charges of engineers, architects, attorneys, and other professionals and all court or
<br />arbitration or other dispute resolution costs) arising out of or relating to a Hazardous
<br />Environmental Condition, provided that such Hazardous Environmental Condition (1) was
<br />not shown or indicated in the Drawings, Specifications, or other Contract Documents,
<br />identified as Technical Data entitled to limited reliance pursuant to Paragraph 5.06.B, or
<br />identified in the Contract Documents to be included within the scope of the Work, and (2)
<br />was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in
<br />this Paragraph 5.06.H shall obligate Owner to indemnify any individual or entity from and
<br />against the consequences of that individual's or entity's own negligence.
<br />J. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and
<br />hold harmless Owner and Engineer, and the officers, directors, members, partners,
<br />employees, agents, consultants, and subcontractors of each and any of them from and
<br />against all claims, costs, losses, and damages (including but not limited to all fees and
<br />charges of engineers, architects, attorneys, and other professionals and all court or
<br />arbitration or other dispute resolution costs) arising out of or relating to the failure to
<br />control, contain, or remove a Constituent of Concern brought to the Site by Contractor or
<br />by anyone for whom Contractor is responsible, or to a Hazardous Environmental Condition
<br />created by Contractor or by anyone for whom Contractor is responsible. Nothing in this
<br />Paragraph 5.06.J shall obligate Contractor to indemnify any individual or entity from and
<br />against the consequences of that individual's or entity's own negligence.
<br />K. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of
<br />Constituents of Concern or to a Hazardous Environmental Condition uncovered or revealed
<br />at the Site.
<br />EJCDC® C-700, Standard General Conditions of the Construction Contract.
<br />Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,
<br />and American Society of Civil Engineers. All rights reserved. Page 18 of 65
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