Common use of HANDLING ASBESTOS AND OTHER HAZARDOUS MATERIALS Clause in Contracts

HANDLING ASBESTOS AND OTHER HAZARDOUS MATERIALS. If the Private Entity discovers any hazardous waste and/or suspected hazardous waste that was present on the site before the Private Entity started Work on the site, the Private Entity shall immediately notify, both verbally and in writing, the Owner’s Representative and the Owner of such discovery. Private Entity shall not disturb and/or cause any release of any such hazardous waste, but shall secure such area and do no further work in such area until further directed by the Owner. The Owner shall have ten (10) calendar days from receipt of the above notice from the Private Entity to either remove, remediate, and/or take other appropriate action to address such hazardous waste so that the Private Entity can proceed with the Private Entity’s Work on the Project. During such ten (10) day period the Private Entity shall continue to work on the Project in other areas of the site or shall suspend Work on the Project, as directed by the Owner’s Representative. If such hazardous waste has not been addressed by the Owner within such ten (10) day period and such hazardous waste prevents the Private Entity’s Work on the Project and impacts the Private Entity’s critical path for the Project, the Private Entity and Owner will address such situation by a mutually agreeable Change Order that may involve a change in the completion time and/or the amount of the GMP, or by termination of the Agreement pursuant to the provisions of the Agreement.

Appears in 2 contracts

Samples: Design and Construction Agreement, Comprehensive Agreement

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HANDLING ASBESTOS AND OTHER HAZARDOUS MATERIALS. If the Private Entity discovers any hazardous waste and/or suspected hazardous waste that was present on the site before the Private Entity started Work on the site, the Private Entity shall immediately notify, both verbally and in writing, the Owner’s Representative and the Owner of such discovery. The Private Entity shall not disturb and/or cause any release of any such hazardous waste, but shall secure such area and do no further work in such area until further directed by the Owner. The Owner shall have ten thirty (1030) calendar days from receipt of the above notice from the Private Entity to either remove, remediate, and/or take other appropriate action to address such hazardous waste so that the Private Entity can proceed with the Private Entity’s Work on the Project. During such ten thirty (1030) day period the Private Entity shall continue to work on the Project in other areas of the site or shall suspend Work on the Project, as directed by the Owner’s Representative. If such hazardous waste has not been addressed by the Owner within such ten thirty (1030) day period and such hazardous waste prevents the Private Entity’s performance of the Work on the Project and impacts the Private Entity’s critical path for the Project, the Private Entity and Owner will address such situation by a mutually agreeable Change Order that may involve a change in the completion time and/or the amount of the GMP, or by termination of the Agreement pursuant to the provisions of the Agreement.

Appears in 1 contract

Samples: Comprehensive Agreement

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HANDLING ASBESTOS AND OTHER HAZARDOUS MATERIALS. If the Private Entity discovers any hazardous waste and/or suspected hazardous waste that was present on the site before the Private Entity started Work on the site, the Private Entity shall immediately notify, both verbally and in writing, the Owner’s Representative Owner and the Owner of such discovery. Private Entity shall not disturb and/or cause any release of any such hazardous waste, but shall secure such area and do no further work in such area until further directed by the Owner. The Owner shall have ten (10) calendar days from receipt of the above notice from the Private Entity to either remove, remediate, and/or take other appropriate action to address such hazardous waste so that the Private Entity can proceed with the Private Entity’s Work on the Project. During such ten (10) day period the Private Entity shall continue to work on the Project in other areas of the site or shall suspend Work on the Project, as directed by the Owner’s Representative. If such hazardous waste has not been addressed by the Owner within such ten (10) day period and such hazardous waste prevents the Private Entity’s Work on the Project and impacts the Private Entity’s critical path for the Project, the Private Entity and Owner will address such situation by a mutually agreeable Change Order that may involve a change in the completion time and/or the amount of the GMP, or by termination of the Agreement pursuant to the provisions of the Agreement.

Appears in 1 contract

Samples: Comprehensive Agreement

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