Common use of Existing Clause in Contracts

Existing. Upon the discovery of any Hazardous Substances existing on or under the Site (i.e. not brought onto the Site by Contractor or its Subcontractors), or of any article of value or antiquity or of archaeological interest, Contractor shall (i) promptly cease work in the affected area and direct its workers and Subcontractors not to remove or further disturb the material or item; (ii) promptly notify GEC of such discovery; (iii) use reasonable efforts to mitigate the effects of any such discovery on the Site, any property or person, and the performance of the Work and (iv) follow any reasonable directions of GEC or its representatives with respect to such discoveries. Contractor shall not be required to handle, remove or remediate any existing Hazardous Substances. GEC may have Contractor remedy certain contamination by Change Request, and Contractor shall be entitled to a Change Order to make appropriate adjustments under the Agreement as provided in Section 6.5 for the impact if any, resulting from such discovery or GEC’s directions with respect to such discovery. Any item of value or archaeological interest shall, as between GEC and Contractor, be deemed the property of GEC. LIMA/GEC/EPC 19 Confidential Business Information

Existing. Upon the discovery of any Hazardous Substances existing on or under the Site (i.e. not brought onto the Site by Contractor or its Subcontractors), or of any article of value or antiquity or of archaeological interest, Contractor shall (i) promptly cease work in the affected area and direct its workers and Subcontractors not to remove or further disturb the material or item; (ii) promptly notify GEC of such discovery; (iii) use reasonable efforts to mitigate the effects of any such discovery on the Site, any property or person, and the performance of the Work and (iv) follow any reasonable directions of GEC or its representatives with respect to such discoveries. Contractor shall not be required to handle, remove or remediate any existing Hazardous Substances. GEC may have Contractor remedy certain contamination by Change Request, and Contractor shall be entitled to a Change Order to make appropriate adjustments under the Agreement as provided in Section 6.5 for the impact if any, resulting from such discovery or GEC’s directions with respect to such discovery. Any item of value or archaeological interest shall, as between GEC and Contractor, be deemed the property of GEC. LIMAGEC/GECICC/EPC 19 Confidential Business Information