Common use of Hazardous Conditions Clause in Contracts

Hazardous Conditions. 26.1 For the purposes of this Article 26, “Hazardous Conditions” are any materials, wastes, substances and chemicals deemed to be hazardous by State, Federal, or local laws, rules, or regulations (hereinafter “Laws”), or the handling, storage, remediation, or disposal of which are regulated by applicable Laws. 26.1.1 Unless otherwise expressly provided in the Contract Documents to be part of the Work, CONTRACTOR is not responsible for any Hazardous Conditions encountered at the site. Upon encountering any Hazardous Conditions, CONTRACTOR will stop Work immediately in the affected area and duly notify OWNER and, if required by applicable Laws, all government or quasi-government entities with jurisdiction over the Work or site. 26.1.2 Upon receiving notice of the presence of suspected Hazardous Conditions, OWNER shall take the necessary measures required to ensure that the Hazardous Conditions are remediated or rendered harmless. Such necessary measures shall include OWNER retaining qualified independent experts to (i) ascertain whether Hazardous Conditions have actually been encountered, and, if they have been encountered, (ii) prescribe the remedial measures that OWNER must take either to remove the Hazardous Conditions or render the Hazardous Conditions harmless. 26.1.3 CONTRACTOR shall be obligated to resume Work at the affected area only after OWNER’s expert provides it with written certification that (i) the Hazardous Conditions have been removed or rendered harmless and (ii) all necessary approvals have been obtained from all government and quasi-government entities having jurisdiction over the Work or site. 26.1.4 CONTRACTOR will be entitled, in accordance with applicable sections or articles of this Contract, to an adjustment in its Contract Price and/or Contract Time(s) to the extent CONTRACTOR’s cost and/or time of performance have been adversely impacted by the presence of Hazardous Conditions. 26.1.5 OWNER is not responsible for Hazardous Conditions introduced to the site by CONTRACTOR, Subcontractors, or anyone for whose acts they may be liable. CONTRACTOR shall indemnify, defend and hold harmless OWNER and OWNER’s officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys’ fees and expenses, arising out of or resulting from those Hazardous Conditions introduced to the site by CONTRACTOR, Subcontractors or anyone for whose acts they may be liable. 26.1.6 CONTRACTOR shall release and hold harmless the OWNER and OWNER’s officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys’ fees and expenses, arising out of or resulting from those Hazardous Conditions present at the site.

Hazardous Conditions. 26.1 For the purposes of this Article 26, “Hazardous Conditions” are any materials, wastes, substances and chemicals deemed to be hazardous by State, Federal, or local laws, rules, or regulations (hereinafter “Laws”), or the handling, storage, remediation, or disposal of which are regulated by applicable Laws. 26.1.1 11.1.1 Unless otherwise expressly provided in the Contract Documents to be part of the Work, CONTRACTOR Design-Builder is not responsible for any Hazardous Conditions encountered at the siteSite. Upon encountering any Hazardous Conditions, CONTRACTOR Design-Builder will stop Work immediately in the affected area and duly as promptly as practicable notify OWNER Owner and, if Design-Builder is specifically required to do so by applicable LawsLegal Requirements, all government or quasi-government entities with Governmental Authorities having jurisdiction over the Work Project or siteSite. Design-Builder shall not remove, remediate or handle in any way (except in case of emergency) any Hazardous Conditions encountered at the Site without prior written approval of Owner. 26.1.2 11.1.2 Upon receiving notice of the presence of suspected Hazardous Conditions, OWNER Owner shall take the necessary measures required to ensure that the Hazardous Conditions are remediated or rendered harmless. Such necessary measures shall include OWNER Owner retaining qualified independent experts Qualified Independent Experts to (i) ascertain whether Hazardous Conditions have actually been encountered, and, if they have been encountered, (ii) prescribe the remedial measures that OWNER must Owner is required under applicable Legal Requirements to take either with respect to remove the such Hazardous Conditions in order for the Work to proceed. Owner’s choice of such Qualified Independent Experts shall be subject to the prior approval of Design-Builder, which approval shall not be unreasonably withheld or render the Hazardous Conditions harmlessdelayed. 26.1.3 CONTRACTOR 11.1.3 Design-Builder shall be obligated to resume Work at the affected area of the Project only after OWNEROwner’s expert Qualified Independent Expert provides it with written certification that (i) the Hazardous Conditions have been removed or rendered harmless harmless, and (ii) all necessary approvals have been obtained from all government and quasi-government entities having jurisdiction over the Project or Site and a remediation plan has been undertaken permitting the Work or siteto proceed. 26.1.4 CONTRACTOR 11.1.4 Design-Builder will be entitled, in accordance with applicable sections or articles of this ContractArticle 11, to an adjustment in its Contract Price and/or Contract Time(s) to the extent CONTRACTORDesign-Builder’s cost and/or time of performance have been adversely impacted by the presence of Hazardous Conditions, provided that such Hazardous Materials were not introduced to the Site by Design-Builder, Subcontractors or anyone for whose acts they may be liable. 26.1.5 OWNER 11.1.5 To the fullest extent permitted by Law, Owner shall indemnify, defend and hold harmless Design-Builder, Design Consultants, Subcontractors, anyone employed directly or indirectly for any of them, and their officers, directors, employees and agents, from and against any and all claims, losses, damages, liabilities and expenses, including attorneys’ fees and expenses, arising out of or resulting from the presence, removal or remediation of Hazardous Conditions at the Site. 11.1.6 Notwithstanding the preceding provisions of this Section 11.1, Owner is not responsible for Hazardous Conditions introduced to the site Site by CONTRACTORDesign-Builder, Subcontractors, Subcontractors or anyone for whose acts they may be liable. CONTRACTOR Design-Builder shall indemnify, defend and hold harmless OWNER Owner and OWNEROwner’s officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys’ fees and expenses, arising out of or resulting from those Hazardous Conditions introduced to the site Site by CONTRACTORDesign-Builder, Subcontractors or anyone for whose acts they may be liable. 26.1.6 CONTRACTOR shall release and hold harmless the OWNER and OWNER’s officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys’ fees and expenses, arising out of or resulting from those Hazardous Conditions present at the site.

Hazardous Conditions. 26.1 For A. OWNER represents and warrants that there is no Hazardous Condition or materials that could create a Hazardous Condition existing at the purposes Site as of this Article 26the Effective Date of the Agreement that has not been disclosed in writing to DESIGN/BUILDER and that OWNER or OWNER’s officers, “directors, employees, agents, other consultants or subcontractors shall not bring to the Site during the term of the Agreement any materials creating a Hazardous Conditions” are Condition. OWNER will be responsible for any materials, wastes, substances and chemicals deemed to be hazardous by State, Federal, or local laws, rules, or regulations (hereinafter “Laws”), or Hazardous Condition encountered at the handling, storage, remediation, or disposal of Site which are regulated by applicable Laws. 26.1.1 Unless otherwise expressly provided was not identified in the Contract Documents to be part within the scope of the Work, CONTRACTOR is . OWNER shall not be responsible for any materials creating a Hazardous Conditions encountered at Condition brought to the site. Upon encountering any Hazardous ConditionsSite by DESIGN/BUILDER, CONTRACTOR will stop Work immediately in the affected area and duly notify OWNER andSubcontractors, if required by applicable Laws, all government Suppliers or quasi-government entities with jurisdiction over the Work or siteanyone else for whom DESIGN/BUILDER is responsible. 26.1.2 Upon receiving notice of the presence of suspected Hazardous Conditions, OWNER B. DESIGN/BUILDER and any affected Subcontractor shall take the necessary measures required to ensure that the Hazardous Conditions are remediated or rendered harmless. Such necessary measures shall include OWNER retaining qualified independent experts to immediately (i) ascertain whether stop all Construction in connection with such Hazardous Conditions have actually been encounteredCondition and in any area affected thereby (except in an emergency as required by paragraph 6.15), and, if they have been encountered, (ii) prescribe the remedial measures that OWNER must take either to remove the Hazardous Conditions or render the Hazardous Conditions harmless. 26.1.3 CONTRACTOR shall be obligated to resume Work at the affected area only after OWNER’s expert provides it with written certification that (i) the Hazardous Conditions have been removed or rendered harmless and (ii) all necessary approvals have notify OWNER (and thereafter confirm such notice in writing). OWNER shall promptly determine the necessity of retaining a qualified expert to evaluate such Hazardous Condition or take corrective action, if any. DESIGN/BUILDER shall not be required to resume Construction in connection with such Hazardous Condition or in any such affected area until after OWNER has obtained any required permits related thereto and delivered to DESIGN/BUILDER special written notice (i) specifying that such Hazardous Condition and any affected area is or has been obtained from all government rendered safe for the resumption of Construction, or (ii) specifying any special conditions under which such Construction may be resumed safely. If OWNER and quasi-government entities having jurisdiction over DESIGN/BUILDER cannot agree as to entitlement to or the Work amount or site. 26.1.4 CONTRACTOR will be entitledextent of an adjustment, if any, in accordance with applicable sections or articles of this Contract, to an adjustment in its the Contract Times and/or Contract Price and/or Contract Time(s) as a result of such Construction stoppage or such special conditions under which Construction is agreed by DESIGN/BUILDER to the extent CONTRACTOR’s cost and/or time of performance have been adversely impacted by the presence of Hazardous Conditionsbe resumed, either party may make a claim therefor as provided in Article 9. 26.1.5 OWNER is not responsible for Hazardous Conditions introduced to the site by CONTRACTOR, Subcontractors, or anyone for whose acts they may be liable. CONTRACTOR shall indemnify, defend and hold harmless OWNER and OWNER’s officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys’ fees and expenses, arising out of or resulting from those Hazardous Conditions introduced to the site by CONTRACTOR, Subcontractors or anyone for whose acts they may be liable. 26.1.6 CONTRACTOR shall release and hold harmless the OWNER and OWNER’s officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys’ fees and expenses, arising out of or resulting from those Hazardous Conditions present at the site.

Hazardous Conditions. 26.1 For Should a hazardous condition not involving Hazardous Materials be encountered on the purposes of this Article 26Site, “Hazardous Conditions” are any materials, wastes, substances and chemicals should reasonable safety precautions be deemed by CM/GC to be inadequate to prevent foreseeable personal injury to persons encountering the hazardous by Statecondition, Federal, or local laws, rules, or regulations (hereinafter “Laws”), or the handling, storage, remediation, or disposal of which are regulated by applicable Laws. 26.1.1 Unless otherwise expressly provided in the Contract Documents to be part of the Work, CONTRACTOR is not responsible for any Hazardous Conditions encountered at the site. Upon encountering any Hazardous Conditions, CONTRACTOR will CM/GC shall stop Work immediately in the affected area and duly notify OWNER andimmediately report the hazardous condition to Design Professional and Owner. Owner shall undertake, if required or shall contract (by applicable LawsChange Order) with CM/GC or contract with a Separate Contractor, to resolve the condition. Differing Site Conditions. CM/GC acknowledges, warrants, and represents that it has visited the premises and has taken into consideration all government or quasi-government entities conditions that might affect the Work. In addition, CM/GC acknowledges, warrants, and represents that it has reviewed all Contract Documents before execution by CM/GC, and all Construction Documents at the time each Construction Document is developed and issued, and has correlated personal observations and field measurements with jurisdiction over the Work or site. 26.1.2 Upon receiving notice requirements and conditions of the presence Contract Documents and Construction Documents. No Claim arising out of suspected Hazardous Conditions, OWNER or related to one or more differences between the existing conditions and the conditions identified in Contract Documents or Construction Documents shall take be asserted or allowed unless the necessary measures required to ensure that the Hazardous Conditions are remediated or rendered harmless. Such necessary measures shall include OWNER retaining qualified independent experts to existing physical conditions differ materially from (i) ascertain whether Hazardous Conditions have actually been encountered, and, if they have been encountered, (ii) prescribe conditions explicitly identified in the remedial measures that OWNER must take either to remove the Hazardous Conditions Contract Documents or render the Hazardous Conditions harmless. 26.1.3 CONTRACTOR shall be obligated to resume Work at the affected area only after OWNER’s expert provides it with written certification that (i) the Hazardous Conditions have been removed or rendered harmless Construction Documents and (ii) all necessary approvals have been obtained from all government conditions reasonably anticipated or expected by reasonably observant and quasi-government entities having jurisdiction over the Work or site. 26.1.4 CONTRACTOR will be entitledprudent construction contractor, in accordance with applicable sections or articles of this Contract, to an adjustment in its Contract Price and/or Contract Time(s) to the extent CONTRACTOR’s cost and/or time of performance have been adversely impacted by the presence of Hazardous Conditions. 26.1.5 OWNER is not responsible for Hazardous Conditions introduced to the site by CONTRACTOR, Subcontractorsconstruction manager, or anyone for whose acts they may be liabletrade contractor (“Type I Conditions”). CONTRACTOR shall indemnify, defend and hold harmless OWNER and OWNER’s officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys’ fees and expenses, No Claim arising out of or resulting from those Hazardous related to CM/GC’s lack of knowledge of existing conditions shall be asserted or allowed unless the existing physical conditions (i) were not discovered and could not have been discovered by a reasonably observant and prudent construction contractor, construction manager, or trade contractor, and (ii) could not be reasonably anticipated or expected by a reasonably prudent construction contractor, construction manager, or trade contractor (“Type II Conditions”). Collectively, Type I Conditions introduced and Type II Conditions shall be referred to the site by CONTRACTOR, Subcontractors or anyone for whose acts they may be liableas “Differing Site Conditions. 26.1.6 CONTRACTOR shall release and hold harmless the OWNER and OWNER’s officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys’ fees and expenses, arising out of or resulting from those Hazardous Conditions present at the site.”

Hazardous Conditions. 26.1 For 12.1 If materials are encountered in the purposes of this Article 26, “Hazardous Conditions” field which are any materials, wastes, substances and chemicals deemed judged to be potentially hazardous or a danger to S & B, all field activities associated with Work in that area will cease and the Client will be notified. Required activities for performance of the Work will be re- evaluated by StateS & B, Federal, or local laws, rules, or regulations (hereinafter “Laws”), or and a revised cost proposal and revised scope of the handling, storage, remediation, or disposal Work will be provided to the Client. The activities associated with the revised scope of which are regulated Work will only be performed when agreed and approved in writing by applicable Lawsthe Client in accordance with Section 15. 26.1.1 Unless otherwise expressly provided in 12.2 NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, NOTHING CONTAINED WITHIN THIS AGREEMENT WILL BE CONSTRUED OR INTERPRETED AS REQUIRING S & B OR ITS SUBCONTRACTORS TO ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE CREATION OR EXISTENCE OF ANY HAZARDOUS OR TOXIC MATERIAL, OR ANY OTHER TYPE OF ENVIRONMENTAL HAZARD, CONTAMINATION OR POLLUTION, WHETHER LATENT OR PATENT, OR TO THE RELEASE THEREOF OR THE VIOLATION OF ANY LAW OR REGULATION RELATING THERETO, AT THE PROJECT SITE AND/OR ASSOCIATED FACILITIES PRIOR TO THE DATE ON WHICH THE PERFORMANCE OF THE WORK COMMENCED. 12.3 Nothing contained within this Agreement may be construed or interpreted as requiring S & B or its subcontractors to assume the Contract Documents status of “Generator” or “Transporter” as the terms appear within the Resource Conservation and Recovery Act, 42 USCA, Section 6901, et seq., as amended with regard to be part of the Work, CONTRACTOR is not responsible for any Hazardous Conditions encountered preexisting hazardous or toxic material at the site. Upon encountering any Hazardous Conditions, CONTRACTOR will stop Work immediately in the affected area and duly notify OWNER and, if required by applicable Laws, all government or quasi-government entities with jurisdiction over the Work or a project site. 26.1.2 Upon receiving notice 12.4 The Client acknowledges that S & B and its subcontractors have neither created, generated, nor contributed to the creation, generation or existence of any hazardous or toxic material, or any other type of environmental hazard, contamination or pollution, whether latent or patent, or to the release thereof or the violation of any law or regulation relating thereto, at the project site and/or associated facilities prior to the date on which the performance of the presence of suspected Hazardous Conditions, OWNER shall take the necessary measures required to ensure that the Hazardous Conditions are remediated or rendered harmless. Such necessary measures shall include OWNER retaining qualified independent experts to (i) ascertain whether Hazardous Conditions have actually been encountered, and, if they have been encountered, (ii) prescribe the remedial measures that OWNER must take either to remove the Hazardous Conditions or render the Hazardous Conditions harmlessWork is commenced. 26.1.3 CONTRACTOR shall be obligated to resume Work at the affected area only after OWNER’s expert provides it with written certification that (i) the Hazardous Conditions have been removed or rendered harmless and (ii) all necessary approvals have been obtained from all government and quasi-government entities having jurisdiction over the Work or site. 26.1.4 CONTRACTOR will be entitled, in accordance with applicable sections or articles of this Contract, to an adjustment in its Contract Price and/or Contract Time(s) to the extent CONTRACTOR’s cost and/or time of performance have been adversely impacted by the presence of Hazardous Conditions. 26.1.5 OWNER is not responsible for Hazardous Conditions introduced to the site by CONTRACTOR, Subcontractors, or anyone for whose acts they may be liable. CONTRACTOR shall indemnify, defend and hold harmless OWNER and OWNER’s officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys’ fees and expenses, arising out of or resulting from those Hazardous Conditions introduced to the site by CONTRACTOR, Subcontractors or anyone for whose acts they may be liable. 26.1.6 CONTRACTOR shall release and hold harmless the OWNER and OWNER’s officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys’ fees and expenses, arising out of or resulting from those Hazardous Conditions present at the site.

Hazardous Conditions. 26.1 For the purposes of this Article 26, “Hazardous Conditions” are any materials, wastes, substances and chemicals deemed to be hazardous by State, Federal, or local laws, rules, or regulations (hereinafter “Laws”), or the handling, storage, remediation, or disposal of which are regulated by applicable Laws. 26.1.1 11.1.1 Unless otherwise expressly provided in the Contract Documents to be part of the Work, CONTRACTOR Design-Builder is not responsible for any Hazardous Conditions encountered at the siteSite. Upon encountering any Hazardous Conditions, CONTRACTOR Design-Builder will stop Work immediately in the affected area and duly as promptly as practicable notify OWNER Owner and, if Design-Builder is specifically required to do so by applicable LawsLegal Requirements, all government Governmental Authorities. Design-Builder shall not remove, remediate or quasi-government entities with jurisdiction over handle in any way (except in case of emergency) any Hazardous Conditions encountered at the Work or siteSite without prior written approval of Owner. 26.1.2 11.1.2 Upon receiving notice of the presence of suspected Hazardous Conditions, OWNER Owner shall take the necessary measures required to ensure that the Hazardous Conditions are remediated or rendered harmless. Such necessary measures shall include OWNER Owner retaining qualified independent experts (“Qualified Independent Experts”) to (i) ascertain whether Hazardous Conditions have actually been encountered, and, if they have been encountered, (ii) prescribe the remedial measures that OWNER must Owner is required under applicable Legal Requirements to take either with respect to remove the such Hazardous Conditions in order for the Work to proceed. Owner’s choice of such Qualified Independent Experts shall be subject to the prior approval of Design-Builder, which approval shall not be unreasonably withheld or render the Hazardous Conditions harmlessdelayed. 26.1.3 CONTRACTOR 11.1.3 Design-Builder shall be obligated to resume Work at the affected area of the Project only after OWNEROwner’s expert Qualified Independent Expert provides it with written certification that (i) the Hazardous Conditions have been removed or rendered harmless harmless, and (ii) all necessary approvals have been obtained from all government and quasi-government entities having jurisdiction over the Project or Site and a remediation plan has been undertaken permitting the Work or siteto proceed. 26.1.4 CONTRACTOR 11.1.4 Design-Builder will be entitled, in accordance with applicable sections or articles of this ContractArticle 11, to an adjustment in its Contract Price and/or Contract Time(s) to the extent CONTRACTORDesign-Builder’s cost and/or time of performance have been adversely impacted by the presence of Hazardous Conditions, provided that such Hazardous Materials (a) were not introduced to the Site by Design-Builder, Subcontractors or anyone for whose acts they may be liable and (b) were not identified in any of the documents or information listed in Section 11.2.1 hereof. 26.1.5 OWNER 11.1.5 To the fullest extent permitted by Law, Owner shall indemnify, defend and hold harmless Design-Builder, Design Consultants, Subcontractors, anyone employed directly or indirectly for any of them, and their officers, directors, employees and agents, from and against any and all claims, losses, damages, liabilities and expenses, including attorneys’ fees and expenses, arising out of or resulting from the presence, removal or remediation of Hazardous Conditions at the Site. 11.1.6 Notwithstanding the preceding provisions of this Section 11.1, Owner is not responsible for Hazardous Conditions introduced to the site Site by CONTRACTORDesign-Builder, Subcontractors, Subcontractors or anyone for whose acts they may be liable. CONTRACTOR Design-Builder shall indemnify, defend and hold harmless OWNER Owner and OWNEROwner’s officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys’ fees and expenses, arising out of or resulting from those Hazardous Conditions introduced to the site Site by CONTRACTORDesign-Builder, Subcontractors or anyone for whose acts they may be liable. 26.1.6 CONTRACTOR shall release and hold harmless the OWNER and OWNER’s officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys’ fees and expenses, arising out of or resulting from those Hazardous Conditions present at the site.

Hazardous Conditions. 26.1 For Should a hazardous condition not involving Hazardous Materials be encountered on the purposes of this Article 26Site, “Hazardous Conditions” are any materials, wastes, substances and chemicals should reasonable safety precautions be deemed by CM/GC to be inadequate to prevent foreseeable personal injury to persons encountering the hazardous by Statecondition, Federal, or local laws, rules, or regulations (hereinafter “Laws”), or the handling, storage, remediation, or disposal of which are regulated by applicable Laws. 26.1.1 Unless otherwise expressly provided in the Contract Documents to be part of the Work, CONTRACTOR is not responsible for any Hazardous Conditions encountered at the site. Upon encountering any Hazardous Conditions, CONTRACTOR will CM/GC shall stop Work immediately in the affected area and duly notify OWNER andimmediately report the hazardous condition to Design Professional and Owner. Owner shall undertake, if required or shall contract (by applicable LawsChange Order) with CM/GC or contract with a Separate Contractor, to resolve the condition. Differing Site Conditions. CM/GC acknowledges, warrants, and represents that it has visited the premises and has taken into consideration all government or quasi-government entities conditions that might affect the Work. In addition, CM/GC acknowledges, warrants, and represents that it has reviewed all Contract Documents before execution by CM/GC, and all Construction Documents at the time each Construction Document is developed and issued, and has correlated personal observations and field measurements with jurisdiction over the Work or site. 26.1.2 Upon receiving notice requirements and conditions of the presence Contract Documents and Construction Documents. No Claim arising out of suspected Hazardous Conditions, OWNER or related to one or more differences between the existing conditions and the conditions identified in Contract Documents or Construction Documents shall take be asserted or allowed unless the necessary measures required to ensure that the Hazardous Conditions are remediated or rendered harmless. Such necessary measures shall include OWNER retaining qualified independent experts to existing physical conditions differ materially from (i) ascertain whether Hazardous Conditions have actually been encountered, and, if they have been encountered, conditions explicitly identified in the Contract Documents or Construction Documents (ii“Type I Conditions”) prescribe the remedial measures that OWNER must take either to remove the Hazardous Conditions or render the Hazardous Conditions harmless. 26.1.3 CONTRACTOR shall be obligated to resume Work at the affected area only after OWNER’s expert provides it with written certification that (i) the Hazardous Conditions have been removed or rendered harmless and (ii) all necessary approvals have been obtained from all government conditions reasonably anticipated or expected by reasonably observant and quasi-government entities having jurisdiction over the Work or site. 26.1.4 CONTRACTOR will be entitledprudent construction contractor, in accordance with applicable sections or articles of this Contract, to an adjustment in its Contract Price and/or Contract Time(s) to the extent CONTRACTOR’s cost and/or time of performance have been adversely impacted by the presence of Hazardous Conditions. 26.1.5 OWNER is not responsible for Hazardous Conditions introduced to the site by CONTRACTOR, Subcontractorsconstruction manager, or anyone for whose acts they may be liabletrade contractor (“Type II Conditions”). CONTRACTOR shall indemnify, defend and hold harmless OWNER and OWNER’s officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys’ fees and expenses, No Claim arising out of or resulting from those Hazardous related to CM/GC’s lack of knowledge of existing conditions shall be asserted or allowed unless the existing physical conditions (i) were not discovered and could not have been discovered by a reasonably observant and prudent construction contractor, construction manager, or trade contractor, and (ii) could not be reasonably anticipated or expected by a reasonably prudent construction contractor, construction manager, or trade contractor. Collectively, Type I Conditions introduced and Type II Conditions shall be referred to the site by CONTRACTOR, Subcontractors or anyone for whose acts they may be liableas “Differing Site Conditions. 26.1.6 CONTRACTOR shall release and hold harmless the OWNER and OWNER’s officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys’ fees and expenses, arising out of or resulting from those Hazardous Conditions present at the site.”

Hazardous Conditions. 26.1 For A. OWNER represents and warrants that there is no Hazardous Condition or materials that could create a Hazardous Condition existing at the purposes Site as of this Article 26the Effective Date of the Agreement that has not been disclosed in writing to DESIGN/BUILDER and that OWNER or OWNER's officers, “directors, employees, agents, other consultants or subcontractors shall not bring to the Site during the term of the Agreement any materials creating a Hazardous Conditions” are Condition. OWNER will be responsible for any materials, wastes, substances and chemicals deemed to be hazardous by State, Federal, or local laws, rules, or regulations (hereinafter “Laws”), or Hazardous Condition encountered at the handling, storage, remediation, or disposal of Site which are regulated by applicable Laws. 26.1.1 Unless otherwise expressly provided was not identified in the Contract Documents to be part within the scope of the Work, CONTRACTOR is . OWNER shall not be responsible for any materials creating a Hazardous Conditions encountered at Condition brought to the site. Upon encountering any Hazardous ConditionsSite by DESIGN/BUILDER, CONTRACTOR will stop Work immediately in the affected area and duly notify OWNER andSubcontractors, if required by applicable Laws, all government Suppliers or quasi-government entities with jurisdiction over the Work or siteanyone else for whom DESIGN/BUILDER is responsible. 26.1.2 Upon receiving notice of the presence of suspected Hazardous Conditions, OWNER B. DESIGN/BUILDER and any affected Subcontractor shall take the necessary measures required to ensure that the Hazardous Conditions are remediated or rendered harmless. Such necessary measures shall include OWNER retaining qualified independent experts to immediately (i) ascertain whether stop all Construction in connection with such Hazardous Conditions have actually been encounteredCondition and in any area affected thereby (except in an emergency as required by paragraph 6.15), and, if they have been encountered, (ii) prescribe the remedial measures that OWNER must take either to remove the Hazardous Conditions or render the Hazardous Conditions harmless. 26.1.3 CONTRACTOR shall be obligated to resume Work at the affected area only after OWNER’s expert provides it with written certification that (i) the Hazardous Conditions have been removed or rendered harmless and (ii) all necessary approvals have notify OWNER (and thereafter confirm such notice in writing). OWNER shall promptly determine the necessity of retaining a qualified expert to evaluate such Hazardous Condition or take corrective action, if any. DESIGN/BUILDER shall not be required to resume Construction in connection with such Hazardous Condition or in any such affected area until after OWNER has obtained any required permits related thereto and delivered to DESIGN/BUILDER special written notice (i) specifying that such Hazardous Condition and any affected area is or has been obtained from all government rendered safe for the resumption of Construction, or (ii) specifying any special conditions under which such Construction may be resumed safely. If OWNER and quasi-government entities having jurisdiction over DESIGN/BUILDER cannot agree as to entitlement to or the Work amount or site. 26.1.4 CONTRACTOR will be entitledextent of an adjustment, if any, in accordance with applicable sections or articles of this Contract, to an adjustment in its the Contract Times and/or Contract Price and/or Contract Time(s) as a result of such Construction stoppage or such special conditions under which Construction is agreed by DESIGN/BUILDER to the extent CONTRACTOR’s cost and/or time of performance have been adversely impacted by the presence of Hazardous Conditionsbe resumed, either party may make a claim therefor as provided in Article 9. 26.1.5 OWNER is not responsible for Hazardous Conditions introduced to the site by CONTRACTOR, Subcontractors, or anyone for whose acts they may be liable. CONTRACTOR shall indemnify, defend and hold harmless OWNER and OWNER’s officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys’ fees and expenses, arising out of or resulting from those Hazardous Conditions introduced to the site by CONTRACTOR, Subcontractors or anyone for whose acts they may be liable. 26.1.6 CONTRACTOR shall release and hold harmless the OWNER and OWNER’s officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys’ fees and expenses, arising out of or resulting from those Hazardous Conditions present at the site.

Hazardous Conditions. 26.1 For the purposes of this Article 26, “Hazardous Conditions” are any materials, wastes, substances and chemicals deemed to be hazardous by State, Federal, or local laws, rules, or regulations (hereinafter “Laws”), or the handling, storage, remediation, or disposal of which are regulated by applicable Laws. 26.1.1 4.1.1 Unless otherwise expressly provided in the Contract Documents to be part of the Work, CONTRACTOR Design-Builder is not responsible for any Hazardous Conditions encountered at the siteSite. Upon encountering any Hazardous Conditions, CONTRACTOR Design-Builder will stop Work immediately in the affected area and duly notify OWNER Owner and, if required by applicable LawsLegal Requirements, all government or quasi-government entities with jurisdiction over the Work Project or siteSite. 26.1.2 4.1.2 Upon receiving notice of the presence of suspected Hazardous Conditions, OWNER Owner shall take the necessary measures required to ensure that the Hazardous Conditions are remediated or rendered harmless. Such necessary measures shall include OWNER Owner retaining qualified independent experts to (i) ascertain whether Hazardous Conditions have actually been encountered, and, if they have been encountered, (ii) prescribe the remedial measures that OWNER Owner must take either to remove the Hazardous Conditions or render the Hazardous Conditions harmless. 26.1.3 CONTRACTOR 4.1.3 Design-Builder shall be obligated to resume Work at the affected area of the Project only after OWNER’s Owner's expert provides it with written certification that (i) the Hazardous Conditions have been removed or rendered harmless and (ii) all necessary approvals have been obtained from all government and quasi-government entities having jurisdiction over the Work Project or siteSite. 26.1.4 CONTRACTOR 4.1.4 Design-Builder will be entitled, in accordance with applicable sections or articles these General Conditions of this Contract, to an adjustment in its Contract Price and/or Contract Time(s) to the extent CONTRACTOR’s Design-Builder's cost and/or time of performance have been adversely impacted by the presence of Hazardous Conditions. 26.1.5 OWNER 4.1.5 To the fullest extent permitted by law, Owner shall indemnify, defend and hold harmless Design-Builder, Design Consultants, Subcontractors, anyone employed directly or indirectly for any of them, and their officers, directors, employees and agents, from and against any and all claims, losses, damages, liabilities and expenses, including attorneys' fees and expenses, arising out of or resulting from the presence, removal or remediation of Hazardous Conditions at the Site. 4.1.6 Notwithstanding the preceding provisions of this Section 4.1, Owner is not responsible for Hazardous Conditions introduced to the site Site by CONTRACTORDesign-Builder, Subcontractors, Subcontractors or anyone for whose acts they may be liable. CONTRACTOR Design-Builder shall indemnify, defend and hold harmless OWNER Owner and OWNER’s Owner's officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys’ ' fees and expenses, arising out of or resulting from those Hazardous Conditions introduced to the site Site by CONTRACTORDesign-Builder, Subcontractors or anyone for whose acts they may be liable. 26.1.6 CONTRACTOR shall release and hold harmless the OWNER and OWNER’s officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys’ fees and expenses, arising out of or resulting from those Hazardous Conditions present at the site.

Hazardous Conditions. 26.1 For the purposes of this Article 26, “Hazardous Conditions” are any materials, wastes, substances and chemicals deemed to be hazardous by State, Federal, or local laws, rules, or regulations (hereinafter “Laws”), or the handling, storage, remediation, or disposal of which are regulated by applicable Laws. 26.1.1 11.1.1 Unless otherwise expressly provided in the Contract Documents to be part of the Work, CONTRACTOR Xxxxx is not responsible for any Hazardous Conditions encountered at the siteSite. Upon encountering any Hazardous Conditions, CONTRACTOR Xxxxx will stop Work immediately in the affected area and duly as promptly as practicable notify OWNER Owner and, if Xxxxx is specifically required to do so by applicable LawsLegal Requirements, all government or quasi-government entities with Governmental Authorities having jurisdiction over the Work Project or siteSite. Xxxxx shall not remove, remediate or handle in any way (except in case of emergency) any Hazardous Conditions encountered at the Site without prior written approval of Owner. 26.1.2 11.1.2 Upon receiving notice of the presence of suspected Hazardous Conditions, OWNER Owner shall take the necessary measures required to ensure that the Hazardous Conditions are remediated or rendered harmless. Such necessary measures shall include OWNER Owner retaining qualified independent experts Qualified Independent Experts to (i) ascertain whether Hazardous Conditions have actually been encountered, and, if they have been encountered, (ii) prescribe the remedial measures that OWNER must Owner is required under applicable Legal Requirements to take either with respect to remove the such Hazardous Conditions in order for the Work to proceed. Owner’s choice of such Qualified Independent Experts shall be subject to the prior approval of Xxxxx, which approval shall not be unreasonably withheld or render the Hazardous Conditions harmlessdelayed. 26.1.3 CONTRACTOR 11.1.3 Xxxxx shall be obligated to resume Work at the affected area of the Project only after OWNEROwner’s expert Qualified Independent Expert provides it with written certification that (i) the Hazardous Conditions have been removed or rendered harmless harmless, and (ii) all necessary approvals have been obtained from all government and quasi-government entities having jurisdiction over the Project or Site and a remediation plan has been undertaken permitting the Work or siteto proceed. 26.1.4 CONTRACTOR 11.1.4 Xxxxx will be entitled, in accordance with applicable sections or articles of this ContractArticle 11, to an adjustment in its Contract Price and/or Contract Time(s) and Target Price to the extent CONTRACTOR’s cost and/or Xxxxx’x time of performance and costs have been adversely impacted by the presence of Hazardous Conditions, provided that such Hazardous Materials were not introduced to the Site by Xxxxx, Subcontractors or anyone for whose acts they may be liable. 26.1.5 OWNER 11.1.5 To the fullest extent permitted by Law, Owner shall indemnify, defend and hold harmless Xxxxx, Subcontractors, anyone employed directly or indirectly for any of them, and their officers, directors, employees and agents, from and against any and all claims, losses, damages, liabilities and expenses, including attorneys’ fees and expenses, arising out of or resulting from the presence, removal or remediation of Hazardous Conditions at the Site. 11.1.6 Notwithstanding the preceding provisions of this Section 11.1, Owner is not responsible for Hazardous Conditions introduced to the site Site by CONTRACTORXxxxx, Subcontractors, Subcontractors or anyone for whose acts they may be liable. CONTRACTOR Xxxxx shall indemnify, defend and hold harmless OWNER Owner and OWNEROwner’s officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys’ fees and expenses, arising out of or resulting from those Hazardous Conditions introduced to the site Site by CONTRACTORXxxxx, Subcontractors or anyone for whose acts they may be liable. 26.1.6 CONTRACTOR shall release and hold harmless the OWNER and OWNER’s officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys’ fees and expenses, arising out of or resulting from those Hazardous Conditions present at the site.

Hazardous Conditions. 26.1 For the purposes of this Article 26, “Hazardous Conditions” are any materials, wastes, substances and chemicals deemed to be hazardous by State, Federal, or local laws, rules, or regulations (hereinafter “Laws”), or the handling, storage, remediation, or disposal of which are regulated by applicable Laws. 26.1.1 11.1.1 Unless otherwise expressly provided in the Contract Documents to be part of the Work, CONTRACTOR Design-Builder is not responsible for any Hazardous Conditions encountered at the siteSite. Upon encountering any Hazardous Conditions, CONTRACTOR Design-Builder will stop Work immediately in the affected area and duly as promptly as practicable notify OWNER Owner and, if required by applicable LawsLegal Requirements, all government or quasi-government entities with jurisdiction over the Work Project or siteSite. 26.1.2 11.1.2 Upon receiving notice of the presence of suspected Hazardous Conditions, OWNER Owner shall take the necessary measures required to ensure that the Hazardous Conditions are remediated or rendered harmless. Such necessary measures shall include OWNER Owner retaining qualified independent experts to (i) ascertain whether Hazardous Conditions have actually been encountered, and, if they have been encountered, (ii) prescribe the remedial measures that OWNER Owner must take either to remove the Hazardous Conditions or render the Hazardous Conditions harmless. 26.1.3 CONTRACTOR 11.1.3 Design-Builder shall be obligated to resume Work at the affected area of the Project only after OWNER’s Owner's expert provides it with written certification that (i) the Hazardous Conditions have been removed or rendered harmless harmless, and (ii) all necessary approvals have been obtained from all government and quasi-government entities having jurisdiction over the Work Project or siteSite. 26.1.4 CONTRACTOR 11.1.4 Design-Builder will be entitled, in accordance with applicable sections or articles of this ContractArticle 11, to an adjustment in its Contract Price and/or Contract Time(s) to the extent CONTRACTOR’s Design-Builder's cost and/or time of performance have been adversely impacted by the presence of Hazardous Conditions. 26.1.5 OWNER 11.1.5 To the fullest extent permitted by law, Owner shall indemnify, defend and hold harmless Design-Builder, Design Consultants, Subcontractors, anyone employed directly or indirectly for any of them, and their officers, directors, employees and agents, from and against any and all claims, losses, damages, liabilities and expenses, including attorneys' fees and expenses, arising out of or resulting from the presence, removal or remediation of Hazardous Conditions at the Site. 11.1.6 Notwithstanding the preceding provisions of this Section 11.1, Owner is not responsible for Hazardous Conditions introduced to the site Site by CONTRACTORDesign-Builder, Subcontractors, Subcontractors or anyone for whose acts they may be liable. CONTRACTOR Design-Builder shall indemnify, defend and hold harmless OWNER Owner and OWNER’s Owner's officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys’ ' fees and expenses, arising out of or resulting from those Hazardous Conditions introduced to the site Site by CONTRACTORDesign-Builder, Subcontractors or anyone for whose acts they may be liable. 26.1.6 CONTRACTOR shall release and hold harmless the OWNER and OWNER’s officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys’ fees and expenses, arising out of or resulting from those Hazardous Conditions present at the site.

Hazardous Conditions. 26.1 For the purposes of this Article 26, “Hazardous Conditions” are any materials, wastes, substances and chemicals deemed to be hazardous by State, Federal, or local laws, rules, or regulations (hereinafter “Laws”), or the handling, storage, remediation, or disposal of which are regulated by applicable Laws. 26.1.1 11.1.1 Unless otherwise expressly provided in the Contract Documents to be part of the Work, CONTRACTOR Design-Builder is not responsible for any Hazardous Conditions encountered at the siteSite. Upon encountering any Hazardous Conditions, CONTRACTOR Design-Builder will stop Work immediately in the affected area and duly as promptly as practicable notify OWNER Owner and, if Design-Builder is specifically required to do so by applicable LawsLegal Requirements, all government or quasi-government entities with Governmental Authorities having jurisdiction over the Work Project or siteSite. Design-Builder shall not remove, remediate or handle in any way (except in case of emergency) any Hazardous Conditions encountered at the Site without prior written approval of Owner. 26.1.2 11.1.2 Upon receiving notice of the presence of suspected Hazardous Conditions, OWNER Owner shall take the necessary measures required to ensure that the Hazardous Conditions are remediated or rendered harmless. Such necessary measures shall include OWNER Owner retaining qualified independent experts Qualified Independent Experts to (i) ascertain whether Hazardous Conditions have actually been encountered, and, if they have been encountered, (ii) prescribe the remedial measures that OWNER must Owner is required under applicable Legal Requirements to take either with respect to remove such Hazardous [Name of Project Company] ___ ___, 2006 Conditions in order for the Hazardous Conditions Work to proceed. Owner’s choice of such Qualified Independent Experts shall be subject to the prior approval of Design-Builder, which approval shall not be unreasonably withheld or render the Hazardous Conditions harmlessdelayed. 26.1.3 CONTRACTOR 11.1.3 Design-Builder shall be obligated to resume Work at the affected area of the Project only after OWNEROwner’s expert Qualified Independent Expert provides it with written certification that (i) the Hazardous Conditions have been removed or rendered harmless harmless, and (ii) all necessary approvals have been obtained from all government and quasi-government entities having jurisdiction over the Project or Site and a remediation plan has been undertaken permitting the Work or siteto proceed. 26.1.4 CONTRACTOR 11.1.4 Design-Builder will be entitled, in accordance with applicable sections or articles of this ContractArticle 11, to an adjustment in its Contract Price and/or Contract Time(s) to the extent CONTRACTORDesign-Builder’s cost and/or time of performance have been adversely impacted by the presence of Hazardous Conditions, provided that such Hazardous Materials were not introduced to the Site by Design-Builder, Subcontractors or anyone for whose acts they may be liable. 26.1.5 OWNER 11.1.5 To the fullest extent permitted by Law, Owner shall indemnify, defend and hold harmless Design-Builder, Design Consultants, Subcontractors, anyone employed directly or indirectly for any of them, and their officers, directors, employees and agents, from and against any and all claims, losses, damages, liabilities and expenses, including attorneys’ fees and expenses, arising out of or resulting from the presence, removal or remediation of Hazardous Conditions at the Site, provided that such Hazardous Materials were not introduced to the Site by Design-Builder, Subcontractors or anyone for whose acts they may be liable. 11.1.6 Notwithstanding the preceding provisions of this Section 11.1, Owner is not responsible for Hazardous Conditions introduced to the site Site by CONTRACTORDesign-Builder, Subcontractors, Subcontractors or anyone for whose acts they may be liable. CONTRACTOR Design-Builder shall indemnify, defend and hold harmless OWNER Owner and OWNEROwner’s officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys’ fees and expenses, arising out of or resulting from those Hazardous Conditions introduced to the site Site by CONTRACTORDesign-Builder, Subcontractors or anyone for whose acts they may be liable. 26.1.6 CONTRACTOR shall release and hold harmless the OWNER and OWNER’s officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys’ fees and expenses, arising out of or resulting from those Hazardous Conditions present at the site.

Hazardous Conditions. 26.1 For A. OWNER represents and warrants that there is no Hazardous Condition or materials that could create a Hazardous Condition existing at the purposes Site as of this Article 26the Effective Date of the Agreement that has not been disclosed in writing to DESIGN/BUILDER and that OWNER or OWNER’s officers, “directors, employees, agents, other consultants or subcontractors shall not bring to the Site during the term of the Agreement any materials creating a Hazardous Conditions” are Condition. OWNER will be responsible for any materials, wastes, substances and chemicals deemed to be hazardous by State, Federal, or local laws, rules, or regulations (hereinafter “Laws”), or Hazardous Condition encountered at the handling, storage, remediation, or disposal of Site which are regulated by applicable Laws. 26.1.1 Unless otherwise expressly provided was not identified in the Contract Documents to be part within the scope of the Work, CONTRACTOR is . OWNER shall not be responsible for any materials creating a Hazardous Conditions encountered at Condition brought to the site. Upon encountering any Hazardous ConditionsSite by DESIGN/BUILDER, CONTRACTOR will stop Work immediately in the affected area and duly notify OWNER andSubcontractors, if required by applicable Laws, all government Suppliers or quasi-government entities with jurisdiction over the Work or siteanyone else for whom DESIGN/BUILDER is responsible. 26.1.2 Upon receiving notice of the presence of suspected Hazardous Conditions, OWNER B. DESIGN/BUILDER and any affected Subcontractor shall take the necessary measures required to ensure that the Hazardous Conditions are remediated or rendered harmless. Such necessary measures shall include OWNER retaining qualified independent experts to immediately (i) ascertain whether stop all Construction in connection with such Hazardous Conditions have actually been encounteredCondition and in any area affected thereby (except in an emergency as required by paragraph 6.15), and, if they have been encountered, (ii) prescribe the remedial measures that OWNER must take either to remove the Hazardous Conditions or render the Hazardous Conditions harmless. 26.1.3 CONTRACTOR shall be obligated to resume Work at the affected area only after OWNER’s expert provides it with written certification that (i) the Hazardous Conditions have been removed or rendered harmless and (ii) all necessary approvals have notify OWNER (and thereafter confirm such notice in writing). OWNER shall promptly determine the necessity of retaining a qualified expert to evaluate such Hazardous Condition or take corrective action, if any. DESIGN/BUILDER shall not be required to resume Construction in connection with such Hazardous Condition or in any such affected area until after OWNER has obtained any required permits related thereto and delivered to DESIGN/BUILDER special written notice (i) specifying that such Hazardous Condition and any affected area is or has been obtained from all government rendered safe for the resumption of Construction, or (ii) specifying any special conditions under which such Construction may be resumed safely. If OWNER and quasi-government entities having jurisdiction over DESIGN/BUILDER cannot agree as to entitlement to or the Work amount or siteextent of an adjustment, if any, in Contract Price as a result of such Construction stoppage or such special conditions under which Construction is agreed by DESIGN/BUILDER to be resumed, either party may make a claim therefor as provided in Article 9. 26.1.4 CONTRACTOR will be entitledC. To the fullest extent permitted by Laws and Regulations, in accordance with applicable sections or articles of this Contract, to an adjustment in its Contract Price and/or Contract Time(s) to the extent CONTRACTOR’s cost and/or time of performance have been adversely impacted by the presence of Hazardous Conditions. 26.1.5 OWNER is not responsible for Hazardous Conditions introduced to the site by CONTRACTORshall indemnify and hold harmless DESIGN/BUILDER, Subcontractors, or anyone for whose acts they may be liable. CONTRACTOR shall indemnifySuppliers, defend Engineers and hold harmless OWNER and OWNER’s the officers, directors, employees employees, agents, other consultants and agents subcontractors of each and any of them from and against all claims, lossescosts, damages, liabilities losses and expenses, damages (including attorneys’ but not limited to all reasonable fees and expensescharges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) arising out of or resulting from those such Hazardous Conditions introduced to the site by CONTRACTOR, Subcontractors or anyone for whose acts they may be liable. 26.1.6 CONTRACTOR shall release and hold harmless the OWNER and OWNER’s officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys’ fees and expenses, arising out of or resulting from those Hazardous Conditions present at the site.Condition. Nothing in this paragraph

Hazardous Conditions. 26.1 For the purposes of this Article 26, “Hazardous Conditions” are any materials, wastes, substances and chemicals deemed to be hazardous by State, Federal, or local laws, rules, or regulations (hereinafter “Laws”), or the handling, storage, remediation, or disposal of which are regulated by applicable Laws. 26.1.1 4.1.1 Unless otherwise expressly provided in the Contract Documents to be part of the Work, CONTRACTOR Design-Builder is not responsible for any Hazardous Conditions encountered at the siteSite. Upon encountering any Hazardous Conditions, CONTRACTOR Design-Builder will stop Work immediately in the affected area and duly notify OWNER Owner and, if required by applicable LawsLegal Requirements, all government or quasi-government entities with jurisdiction over the Work Project or siteSite. 26.1.2 4.1.2 Upon receiving notice of the presence of suspected Hazardous Conditions, OWNER Owner shall take the necessary measures required to ensure that the Hazardous Conditions are remediated or rendered harmless. Such necessary measures shall include OWNER Owner retaining qualified independent experts to (i) ascertain whether Hazardous Conditions have actually been encountered, and, if they have been encountered, (ii) prescribe the remedial measures that OWNER Owner must take either to remove the Hazardous Conditions or render the Hazardous Conditions harmless. 26.1.3 CONTRACTOR 4.1.3 Design-Builder shall be obligated to resume Work at the affected area of the Project only after OWNER’s Owner's expert provides it with written certification that (i) the Hazardous Conditions have been removed or rendered harmless and (ii) all necessary approvals have been obtained from all government and quasi-government entities having jurisdiction over the Work Project or siteSite. 26.1.4 CONTRACTOR 4.1.4 Design-Builder will be entitled, in accordance with applicable sections or articles these General Conditions of this Contract, to an adjustment in its Contract Price and/or Contract Time(s) to the extent CONTRACTOR’s Design- Builder's cost and/or time of performance have been adversely impacted by the presence of Hazardous Conditions. Design-Builder shall not be entitled to any increase in the Contract Price or Contract Time(s) that Design-Builder would not be entitled to recover for a Change Order. 26.1.5 OWNER 4.1.5 To the fullest extent permitted by law, Owner shall indemnify, defend and hold harmless Design-Builder, Design Consultants, Subcontractors, anyone employed directly or indirectly for any of them, and their officers, directors, employees and agents, from and against any and all claims, losses, damages, liabilities and expenses, including attorneys' fees and expenses, arising out of or resulting from the presence, removal or remediation of Hazardous Conditions at the Site, except to the extent caused by Design-Builder's negligence, breach of the Agreement, or intentional acts. 4.1.6 Notwithstanding the preceding provisions of this Section 4.1, Owner is not responsible for Hazardous Conditions introduced to the site Site by CONTRACTORDesign-Builder, Subcontractors, Subcontractors or anyone for whose acts they may be liable. CONTRACTOR Design-Builder shall indemnify, defend and hold harmless OWNER Owner and OWNER’s Owner's officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys’ ' fees and expenses, arising out of or resulting from those Hazardous Conditions introduced to the site Site by CONTRACTORDesign-Builder, Subcontractors or anyone for whose acts they may be liable. 26.1.6 CONTRACTOR shall release and hold harmless the OWNER and OWNER’s officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys’ fees and expenses, arising out of or resulting from those Hazardous Conditions present at the site.

Hazardous Conditions. 26.1 For the purposes of this Article 26, “Hazardous Conditions” are any materials, wastes, substances and chemicals deemed to be hazardous by State, Federal, or local laws, rules, or regulations (hereinafter “Laws”), or the handling, storage, remediation, or disposal of which are regulated by applicable Laws. 26.1.1 26.1. Unless otherwise expressly provided in the Contract Documents to be part of the Work, CONTRACTOR is not responsible for any Hazardous Conditions encountered at the sitesite unless caused by CONTRACTOR. Upon encountering any such Hazardous Conditions, CONTRACTOR will stop Work immediately in the affected area and duly notify OWNER and, if required by applicable Laws, all government or quasi-quasi- government entities with jurisdiction over the Work or site. 26.1.2 . Upon receiving notice of the presence of suspected Hazardous Conditions, OWNER shall may terminate the Contract or take the necessary measures required to ensure that the Hazardous Conditions are remediated or rendered harmless. Such necessary measures shall include OWNER retaining qualified independent experts to (i) ascertain whether Hazardous Conditions have actually been encountered, and, if they have been encountered, (ii) prescribe the remedial measures that OWNER must take either to remove the Hazardous Conditions or render the Hazardous Conditions harmless. 26.1.3 . CONTRACTOR shall be obligated to resume Work at the affected area only after OWNER’s expert provides it with written certification that (i) the Hazardous Conditions have been removed or rendered harmless and (ii) all necessary approvals have been obtained from all government and quasi-government entities having jurisdiction over the Work or site. 26.1.4 . CONTRACTOR will be entitled, in accordance with applicable sections or articles of this Contract, to an adjustment in its Contract Price Amount and/or Contract Time(s) deadlines to the extent CONTRACTOR’s cost and/or time of performance have been adversely impacted by the presence of Hazardous Conditions. 26.1.5 26.2. OWNER is not responsible for Hazardous Conditions introduced to the site by CONTRACTOR, Subcontractors, or anyone for whose acts they may be liable. CONTRACTOR shall indemnify, defend and hold harmless OWNER and OWNER’s officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys’ fees and expenses, arising out of or resulting from those Hazardous Conditions introduced to the site by CONTRACTOR, Subcontractors subcontractors or anyone for whose acts they may be liable. 26.1.6 . CONTRACTOR shall release and hold harmless the OWNER and OWNER’s officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys’ fees and expenses, arising out of or resulting from those Hazardous Conditions present at the site.

Hazardous Conditions. 26.1 For the purposes of this Article 26, “Hazardous Conditions” are any materials, wastes, substances and chemicals deemed to be hazardous by State, Federal, or local laws, rules, or regulations (hereinafter “Laws”), or the handling, storage, remediation, or disposal of which are regulated by applicable Laws. 26.1.1 4.1.1 Unless otherwise expressly provided in the Contract Documents to be part of the Work, CONTRACTOR Design-Builder is not responsible for any Hazardous Conditions encountered at the siteSite. Upon encountering any Hazardous Conditions, CONTRACTOR Design-Builder will stop Work immediately in the affected area and duly notify OWNER Owner and, if required by applicable LawsLegal Requirements, all government or quasi-government entities with jurisdiction over the Work Project or siteSite. 26.1.2 4.1.2 Upon receiving notice of the presence of suspected Hazardous Conditions, OWNER Owner shall take the necessary measures required to ensure that the Hazardous Conditions are remediated or rendered harmless. Such necessary measures shall include OWNER Owner retaining qualified independent experts to (i) ascertain whether Hazardous Conditions have actually been encountered, and, if they have been encountered, (ii) prescribe the remedial measures that OWNER Owner must take either to remove the Hazardous Conditions or render the Hazardous Conditions harmless. 26.1.3 CONTRACTOR 4.1.3 Design-Builder shall be obligated to resume Work at the affected area of the Project only after OWNEROwner’s expert provides it with written certification that (i) the Hazardous Conditions have been removed or rendered harmless and (ii) all necessary approvals have been obtained from all government and quasi-government entities having jurisdiction over the Work Project or siteSite. 26.1.4 CONTRACTOR 4.1.4 Design-Builder will be entitled, in accordance with applicable sections or articles these General Conditions of this Contract, to an adjustment in its Contract Price and/or Contract Time(s) to the extent CONTRACTORDesign-Builder’s cost and/or time of performance have been adversely impacted by the presence of Hazardous Conditions. 26.1.5 OWNER 4.1.5 Notwithstanding the preceding provisions of this Section 4.1, Owner is not responsible for Hazardous Conditions introduced to the site Site by CONTRACTORDesign-Builder, Subcontractors, Subcontractors or anyone for whose acts they may be liable. CONTRACTOR To the fullest extent permitted by law, Design-Builder shall indemnify, defend and hold harmless OWNER Owner and OWNEROwner’s officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys’ fees and expenses, arising out of or resulting from those Hazardous Conditions introduced to the site Site by CONTRACTORDesign-Builder, Subcontractors or anyone for whose acts they may be liable. 26.1.6 CONTRACTOR shall release and hold harmless the OWNER and OWNER’s officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys’ fees and expenses, arising out of or resulting from those Hazardous Conditions present at the site.

Hazardous Conditions. 26.1 For A. OWNER represents and warrants that there is no Hazardous Condition or materials that could create a Hazardous Condition existing at the purposes Site as of this Article 26, “the Effective Date of the Agreement that has not been previously disclosed in writing by OWNER to DESIGN/BUILDER and that OWNER will be responsible for any Hazardous Conditions” are any materials, wastes, substances and chemicals deemed to be hazardous by State, Federal, or local laws, rules, or regulations (hereinafter “Laws”), or Condition encountered at the handling, storage, remediation, or disposal of Site which are regulated by applicable Laws. 26.1.1 Unless otherwise expressly provided was not identified in the Contract Documents to be part within the scope of the Work, CONTRACTOR is . OWNER shall not be responsible for any materials creating a Hazardous Conditions encountered at Condition brought to the site. Upon encountering any Hazardous ConditionsSite by DESIGN/BUILDER, CONTRACTOR will stop Work immediately in the affected area and duly notify OWNER andSubcontractors, if required by applicable Laws, all government Suppliers or quasi-government entities with jurisdiction over the Work or siteanyone else for whom DESIGN/BUILDER is responsible. 26.1.2 Upon receiving notice of the presence of suspected Hazardous Conditions, OWNER B. DESIGN/BUILDER and any affected Subcontractor shall take the necessary measures required to ensure that the Hazardous Conditions are remediated or rendered harmless. Such necessary measures shall include OWNER retaining qualified independent experts to immediately (i) ascertain whether stop all Construction in connection with such Hazardous Conditions have actually been encounteredCondition and in any area affected thereby (except in an emergency as required by paragraph 6.15), and, if they have been encountered, (ii) prescribe the remedial measures that OWNER must take either to remove the Hazardous Conditions or render the Hazardous Conditions harmless. 26.1.3 CONTRACTOR shall be obligated to resume Work at the affected area only after OWNER’s expert provides it with written certification that (i) the Hazardous Conditions have been removed or rendered harmless and (ii) all necessary approvals have notify OWNER (and thereafter confirm such notice in writing). OWNER shall promptly determine the necessity of retaining a qualified expert to evaluate such Hazardous Condition or take corrective action, if any. DESIGN/BUILDER shall not be required to resume Construction in connection with such Hazardous Condition or in any such affected area until after OWNER has obtained any required permits related thereto and delivered to DESIGN/BUILDER special written notice (i) specifying that such Hazardous Condition and any affected area is or has been obtained from all government rendered safe for the resumption of Construction, or (ii) specifying any special conditions under which such Construction may be resumed safely. If OWNER and quasi-government entities having jurisdiction over DESIGN/BUILDER cannot agree as to entitlement to or the Work amount or site. 26.1.4 CONTRACTOR will be entitledextent of an adjustment, if any, in accordance with applicable sections or articles of this Contract, to an adjustment in its Contract Price and/or Contract Time(s) as a result of such Construction stoppage or such special conditions under which Construction is agreed by DESIGN/BUILDER to the extent CONTRACTOR’s cost and/or time of performance have been adversely impacted by the presence of Hazardous Conditionsbe resumed, either party may make a claim therefor as provided in Article 9. 26.1.5 OWNER is not responsible for Hazardous Conditions introduced to the site by CONTRACTOR, Subcontractors, or anyone for whose acts they may be liable. CONTRACTOR shall indemnify, defend and hold harmless OWNER and OWNER’s officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys’ fees and expenses, arising out of or resulting from those Hazardous Conditions introduced to the site by CONTRACTOR, Subcontractors or anyone for whose acts they may be liable. 26.1.6 CONTRACTOR shall release and hold harmless the OWNER and OWNER’s officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys’ fees and expenses, arising out of or resulting from those Hazardous Conditions present at the site.

Hazardous Conditions. 26.1 For A. OWNER represents and warrants that there is no Hazardous Condition or materials that could create a Hazardous Condition existing at the purposes Site as of this Article 26, “the Effective Date of the Agreement and that OWNER will be responsible for any Hazardous Conditions” are any materials, wastes, substances and chemicals deemed to be hazardous by State, Federal, or local laws, rules, or regulations (hereinafter “Laws”Condition encountered at the Site which was not identified ), or the handling, storage, remediation, or disposal of which are regulated by applicable Laws. 26.1.1 Unless otherwise expressly provided in the Contract Documents to be part within the scope of the Work, CONTRACTOR is . OWNER shall not be responsible for any materials creating a Hazardous Conditions encountered at Condition brought to the site. Upon encountering any Hazardous ConditionsSite by DESIGN/BUILDER, CONTRACTOR will stop Work immediately in the affected area and duly notify OWNER andSubcontractors, if required by applicable Laws, all government Suppliers or quasi-government entities with jurisdiction over the Work or siteanyone else for whom DESIGN/BUILDER is responsible. 26.1.2 Upon receiving notice of the presence of suspected Hazardous Conditions, OWNER B. DESIGN/BUILDER and any affected Subcontractor shall take the necessary measures required to ensure that the Hazardous Conditions are remediated or rendered harmless. Such necessary measures shall include OWNER retaining qualified independent experts to immediately (i) ascertain whether stop all Construction in connection with such Hazardous Conditions have actually been encounteredCondition and in any area affected thereby (except in an emergency as required by paragraph 6.15), and, if they have been encountered, (ii) prescribe the remedial measures that OWNER must take either to remove the Hazardous Conditions or render the Hazardous Conditions harmless. 26.1.3 CONTRACTOR shall be obligated to resume Work at the affected area only after OWNER’s expert provides it with written certification that (i) the Hazardous Conditions have been removed or rendered harmless and (ii) all necessary approvals have notify OWNER (and thereafter confirm such notice in writing). OWNER shall promptly determine the necessity of retaining a qualified expert to evaluate such Hazardous Condition or take corrective action, if any. DESIGN/BUILDER shall not be required to resume Construction in connection with such Hazardous Condition or in any such affected area until after OWNER has obtained any required permits related thereto and delivered to DESIGN/BUILDER special written notice (i) specifying that such Hazardous Condition and any affected area is or has been obtained from all government rendered safe for the resumption of Construction, or (ii) specifying any special conditions under which such Construction may be resumed safely. If OWNER and quasi-government entities having jurisdiction over DESIGN/BUILDER cannot agree as to entitlement to or the Work amount or site. 26.1.4 CONTRACTOR will be entitledextent of an adjustment, if any, in accordance with applicable sections or articles of this Contract, to an adjustment in its Contract Price and/or Contract Time(s) as a result of such Construction stoppage or such special conditions under which Construction is agreed by DESIGN/BUILDER to the extent CONTRACTOR’s cost and/or time of performance have been adversely impacted by the presence of Hazardous Conditionsbe resumed, either party may make a claim therefor as provided in Article 9. 26.1.5 OWNER is not responsible for Hazardous Conditions introduced to the site by CONTRACTOR, Subcontractors, or anyone for whose acts they may be liable. CONTRACTOR shall indemnify, defend and hold harmless OWNER and OWNER’s officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys’ fees and expenses, arising out of or resulting from those Hazardous Conditions introduced to the site by CONTRACTOR, Subcontractors or anyone for whose acts they may be liable. 26.1.6 CONTRACTOR shall release and hold harmless the OWNER and OWNER’s officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys’ fees and expenses, arising out of or resulting from those Hazardous Conditions present at the site.

Hazardous Conditions. 26.1 For the purposes of this Article 26, “Hazardous Conditions” are any materials, wastes, substances and chemicals deemed to be hazardous by State, Federal, or local laws, rules, or regulations (hereinafter “Laws”), or the handling, storage, remediation, or disposal of which are regulated by applicable Laws. 26.1.1 4.1.1 Unless otherwise expressly provided in the Contract Documents to be part of the Work, CONTRACTOR Design-Builder is not responsible for any Hazardous Conditions encountered at the siteSite. Upon encountering any Hazardous Conditions, CONTRACTOR Design-Builder will stop Work immediately in the affected area and duly notify OWNER Owner and, if required by applicable LawsLegal Requirements, all government or quasi-government entities with jurisdiction over the Work Project or siteSite. 26.1.2 4.1.2 Upon receiving notice of the presence of suspected Hazardous Conditions, OWNER Owner shall take the necessary measures required to ensure that the Hazardous Conditions are remediated or rendered harmless. Such necessary measures shall include OWNER Owner retaining qualified independent experts to (i) ascertain whether Hazardous Conditions have actually been encountered, and, if they have been encountered, (ii) prescribe the remedial measures that OWNER Owner must take either to remove the Hazardous Conditions or render the Hazardous Conditions harmless. 26.1.3 CONTRACTOR 4.1.3 Design-Builder shall be obligated to resume Work at the affected area of the Project only after OWNEROwner’s expert provides it with written certification that (i) the Hazardous Conditions have been removed or rendered harmless and (ii) all necessary approvals have been obtained from all government and quasi-government entities having jurisdiction over the Work Project or siteSite. 26.1.4 CONTRACTOR 4.1.4 Design-Builder will be entitled, in accordance with applicable sections or articles these General Conditions of this Contract, to an adjustment in its Contract Price and/or Contract Time(s) to the extent CONTRACTORDesign-Builder’s cost and/or time of performance have been adversely impacted by the presence of Hazardous Conditions. 26.1.5 OWNER 4.1.5 To the fullest extent permitted by law, Owner shall indemnify, defend and hold harmless Design-Builder, Design Consultants, Subcontractors, anyone employed directly or indirectly for any of them, and their officers, directors, employees and agents, from and against any and all claims, losses, damages, liabilities and expenses, including attorneys’ fees and expenses, arising out of or resulting from the presence, removal or remediation of Hazardous Conditions at the Site. 4.1.6 Notwithstanding the preceding provisions of this Section 4.1, Owner is not responsible for Hazardous Conditions introduced to the site Site by CONTRACTORDesign-Builder, Subcontractors, Subcontractors or anyone for whose acts they may be liable. CONTRACTOR Design-Builder shall indemnify, defend and hold harmless OWNER Owner and OWNEROwner’s officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys’ fees and expenses, arising out of or resulting from those Hazardous Conditions introduced to the site Site by CONTRACTORDesign-Builder, Subcontractors or anyone for whose acts they may be liable. 26.1.6 CONTRACTOR shall release and hold harmless the OWNER and OWNER’s officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys’ fees and expenses, arising out of or resulting from those Hazardous Conditions present at the site.

Hazardous Conditions. 26.1 For the purposes of this Article 26, “Hazardous Conditions” are any materials, wastes, substances and chemicals deemed to be hazardous by State, Federal, or local laws, rules, or regulations (hereinafter “Laws”), or the handling, storage, remediation, or disposal of which are regulated by applicable Laws. 26.1.1 4.1.1 Unless otherwise expressly provided in the Contract Documents to be part of the Work, CONTRACTOR Design-Builder is not responsible for any Hazardous Conditions encountered at the siteSite. Upon encountering any Hazardous Conditions, CONTRACTOR Design-Builder will stop Work immediately in the affected area and duly notify OWNER Owner and, if required by applicable LawsLegal Requirements, all government or quasi-government entities with jurisdiction over the Work Project or siteSite. 26.1.2 4.1.2 Upon receiving notice of the presence of suspected Hazardous Conditions, OWNER Owner shall take the necessary measures required to ensure that the Hazardous Conditions are remediated or rendered harmless. Such necessary measures shall include OWNER Owner retaining qualified independent experts to (i) ascertain whether Hazardous Conditions have actually been encountered, and, if they have been encountered, (ii) prescribe the remedial measures that OWNER Owner must take either to remove the Hazardous Conditions or render the Hazardous Conditions harmless. 26.1.3 CONTRACTOR 4.1.3 Design-Builder shall be obligated to resume Work at the affected area of the Project only after OWNEROwner’s expert provides it with written certification that (i) the Hazardous Conditions have been removed or rendered harmless and (ii) all necessary approvals have been obtained from all government and quasi-government entities having jurisdiction over the Work Project or siteSite. 26.1.4 CONTRACTOR 4.1.4 Design-Builder will be entitled, in accordance with applicable sections or articles these General Conditions of this Contract, to an adjustment in its Contract Price and/or Contract Time(s) to the extent CONTRACTORDesign-Builder’s cost and/or time of performance have been adversely impacted by the presence of Hazardous Conditions. 26.1.5 OWNER 4.1.5 To the fullest extent permitted by law, Owner shall indemnify, defend and hold harmless Design-Builder, Design Consultants, Subcontractors, anyone employed directly or indirectly by any of them, and their officers, directors, employees and agents, from and against any and all claims, losses, damages, liabilities and expenses, including attorneys’ fees and expenses, arising out of or resulting from the presence, removal or remediation of Hazardous Conditions at the Site. 4.1.6 Notwithstanding the preceding provisions of this Section 4.1, Owner is not responsible for Hazardous Conditions introduced to the site Site by CONTRACTORDesign-Builder, Subcontractors, Subcontractors or anyone for whose acts they may be liable. CONTRACTOR To the fullest extent permitted by law, Design-Builder shall indemnify, defend and hold harmless OWNER Owner and OWNEROwner’s officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys’ fees and expenses, arising out of or resulting from those Hazardous Conditions introduced to the site Site by CONTRACTORDesign-Builder, Subcontractors or anyone for whose acts they may be liable. 26.1.6 CONTRACTOR shall release and hold harmless the OWNER and OWNER’s officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys’ fees and expenses, arising out of or resulting from those Hazardous Conditions present at the site.

Hazardous Conditions. 26.1 For the purposes of this Article 26, “Hazardous Conditions” are any materials, wastes, substances and chemicals deemed to be hazardous by State, Federal, or local laws, rules, or regulations (hereinafter “Laws”), or the handling, storage, remediation, or disposal of which are regulated by applicable Laws. 26.1.1 4.1.1 Unless otherwise expressly provided in the Contract Documents to be part of the Work, CONTRACTOR Design-Builder is not responsible for any Hazardous Conditions encountered at the siteSite. Upon encountering any Hazardous Conditions, CONTRACTOR Design-Builder will stop Work immediately in the affected area and duly notify OWNER Owner and, if required by applicable LawsLegal Requirements, all government or quasi-government entities with jurisdiction over the Work Project or siteSite. 26.1.2 4.1.2 Upon receiving notice of the presence of suspected Hazardous Conditions, OWNER Owner shall take the necessary measures required to ensure that the Hazardous Conditions are remediated or rendered harmless. Such necessary measures shall include OWNER Owner retaining qualified independent experts to (i) ascertain whether Hazardous Conditions have actually been encountered, and, if they have been encountered, (ii) prescribe the remedial measures that OWNER Owner must take either to remove the Hazardous Conditions or render the Hazardous Conditions harmless. 26.1.3 CONTRACTOR 4.1.3 Design-Builder shall be obligated to resume Work at the affected area of the Project only after OWNEROwner’s expert provides it with written certification that (i) the Hazardous Conditions have been removed or rendered harmless and (ii) all necessary approvals have been obtained from all government and quasi-government entities having jurisdiction over the Work Project or siteSite. 26.1.4 CONTRACTOR 4.1.4 Design-Builder will be entitled, in accordance with applicable sections or articles these General Conditions of this Contract, to an adjustment in its Contract Price and/or Contract Time(s) to the extent CONTRACTORDesign-Builder’s cost and/or time of performance have been adversely impacted by the presence of Hazardous Conditions. 26.1.5 OWNER 4.1.5 To the fullest extent permitted by law, Owner shall indemnify, defend and hold harmless Design-Builder, Design Consultants, Subcontractors, anyone employed directly or indirectly by any of them, and their officers, directors, employees and agents, from and against any and all claims, losses, damages, liabilities and expenses, including attorneys’ fees and expenses, arising out of or resulting from the presence, removal or remediation of Hazardous Conditions at the Site given that proper notice is given to the Owner as set forth in Section 4.1.1. 4.1.6 Notwithstanding the preceding provisions of this Section 4.1, Owner is not responsible for Hazardous Conditions introduced to the site Site by CONTRACTORDesign-Builder, Subcontractors, Subcontractors or anyone for whose acts they may be liable. CONTRACTOR To the fullest extent permitted by law, Design-Builder shall indemnify, defend and hold harmless OWNER Owner and OWNEROwner’s officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys’ fees and expenses, arising out of or resulting from those Hazardous Conditions introduced to the site Site by CONTRACTORDesign-Builder, Subcontractors or anyone for whose acts they may be liable. 26.1.6 CONTRACTOR shall release and hold harmless the OWNER and OWNER’s officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys’ fees and expenses, arising out of or resulting from those Hazardous Conditions present at the site.

Hazardous Conditions. 26.1 For the purposes of this Article 26, “Hazardous Conditions” are any materials, wastes, substances and chemicals deemed to be hazardous by State, Federal, or local laws, rules, or regulations (hereinafter “Laws”), or the handling, storage, remediation, or disposal of which are regulated by applicable Laws. 26.1.1 A. Unless otherwise expressly provided in the Contract Documents to be part of the Work, CONTRACTOR Design-Builder is not responsible for any Hazardous Conditions encountered at the siteSite. Upon encountering any Hazardous Conditions, CONTRACTOR Design-Builder will stop Work immediately in the affected area and duly notify OWNER Owner/DES and, if required by applicable LawsLegal Requirements, all government or quasi-government entities with jurisdiction over the Work Project or siteSite. 26.1.2 B. Upon receiving notice of the presence of suspected Hazardous Conditions, OWNER Owner/DES shall take the necessary measures required to ensure that the Hazardous Conditions are remediated or rendered harmless. Such necessary measures shall include OWNER Owner/DES retaining qualified independent experts to (i) ascertain whether Hazardous Conditions have actually been encountered, and, if they have been encountered, (ii) prescribe the remedial measures that OWNER Owner/DES must take either to remove the Hazardous Conditions or render the Hazardous Conditions harmless. 26.1.3 CONTRACTOR C. Design-Builder shall be obligated to resume Work at the affected area of the Project only after OWNEROwner’s expert provides it with written certification that (i) the Hazardous Conditions have been removed or rendered harmless and (ii) all necessary approvals have been obtained from all government and quasi-government entities having jurisdiction over the Work Project or siteSite. 26.1.4 CONTRACTOR D. Design-Builder will be entitled, in accordance with applicable sections or articles these General Conditions of this Contract, to an adjustment in its Contract Price and/or Contract Time(s) to the extent CONTRACTORDesign-Builder’s cost and/or time of performance have been adversely impacted by the presence of Hazardous Conditions. 26.1.5 OWNER E. To the fullest extent permitted by law, Owner/DES shall indemnify, defend and hold harmless Design-Builder, Design Consultants, Subcontractors, anyone employed directly or indirectly by any of them, and their officers, directors, employees and agents, from and against any and all claims, losses, damages, liabilities and expenses, including attorneys’ fees and expenses, arising out of or resulting from the presence, removal or remediation of Hazardous Conditions at the Site. F. Notwithstanding the preceding provisions of this Section 4.1, Owner/DES is not responsible for Hazardous Conditions introduced to the site Site by CONTRACTORDesign-Builder, Subcontractors, Subcontractors or anyone for whose acts they may be liable. CONTRACTOR To the fullest extent permitted by law, Design- Builder shall indemnify, defend and hold harmless OWNER Owner/DES and OWNEROwner’s officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys’ fees and expenses, arising out of or resulting from those Hazardous Conditions introduced to the site Site by CONTRACTORDesign-Builder, Subcontractors or anyone for whose acts they may be liable. 26.1.6 CONTRACTOR shall release and hold harmless the OWNER and OWNER’s officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys’ fees and expenses, arising out of or resulting from those Hazardous Conditions present at the site.