Hazardous Environmental Condition at Site. 11.5.1 Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work or should have been known by Contractor by reasonable inspection of the Site. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. 11.5.2 If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as defined in this Agreement); and (iii) notify Owner and Architect (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Architect concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. 11.5.3 Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered to Contractor written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work stoppage to be resumed by Contractor, either party may make a Claim therefor as provided in this Agreement. 11.5.4 If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in this Agreement. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with the article relating to Other Work. 11.5.5 To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner, Architect, Architect's Consultants, and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this paragraph shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. 11.5.6 The provisions of paragraphs above are not intended to apply to a Hazardous Environmental Condition uncovered or revealed at the Site.
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Samples: Construction Agreement, Construction Agreement, Construction Agreement
Hazardous Environmental Condition at Site. 11.5.1 Demolition Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or the Specifications or identified in the Contract Documents to be within the scope of the Work Demolition Work, or is known or should have been known by Contractor by reasonable inspection of the Site. Demolition Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Demolition Contractor, Subcontractors, Suppliers, or anyone else for whom Demolition Contractor is responsible.
11.5.2 If Demolition Contractor encounters a Hazardous Environmental Condition or if Demolition Contractor or anyone for whom Demolition Contractor is responsible creates a Hazardous Environmental Condition, Demolition Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as defined in this Agreement); and (iii) notify Owner and Architect (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Architect concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any.
11.5.3 Demolition Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered to Demolition Contractor written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Demolition Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work stoppage to be resumed by Demolition Contractor, either party may make a Claim therefor therefore as provided in this Agreement.
11.5.4 If after receipt of such written notice Demolition Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Demolition Work that is in the area affected by such condition to be deleted from the Demolition Work. If Owner and Demolition Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Demolition Work, then either party may make a Claim therefor therefore as provided in this Agreement. Owner may have such deleted portion of the Demolition Work performed by Owner's own forces or others in accordance with the article relating to Other Work.
11.5.5 To the fullest extent permitted by Laws and Regulations, Demolition Contractor shall indemnify and hold harmless Owner, Architect, Architect's Consultants, and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Demolition Contractor or by anyone for whom Demolition Contractor is responsible. Nothing in this paragraph shall obligate Demolition Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence.
11.5.6 The provisions of paragraphs 11.5.2, 11.5.3 and 11.5.4 above are not intended to apply to a Hazardous Environmental Condition uncovered or revealed at the Site.
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Samples: Demolition Contractor Services Agreement, Demolition Contractor Services Agreement, Demolition Contractor Services Agreement
Hazardous Environmental Condition at Site. 11.5.1 Contractor shall A. NEI will not be responsible for any Hazardous Environmental Condition uncovered or revealed encountered at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work or should have been known by Contractor by reasonable inspection of the SiteWork. Contractor NEI shall be responsible for materials creating a Hazardous Environmental Condition created with any materials brought to the Site by ContractorNEI, Subcontractors, Suppliers, Suppliers or anyone else for whom Contractor NEI is responsible, and shall indemnify OWNER for the same under Paragraph 11.12.
11.5.2 B. If Contractor NEI encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor NEI shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work Construction in connection with such condition and in any area affected thereby (except in an emergency as defined in this Agreementrequired by Paragraph 11.08); and (iii) notify Owner and Architect OWNER (and promptly thereafter confirm such notice in writing). Owner OWNER shall promptly consult with Architect concerning determine the necessity for Owner to retain of retaining a qualified expert to evaluate such condition or take corrective action, if any.
11.5.3 Contractor C. NEI shall not be required to resume Work Construction in connection with such condition Hazardous Environmental Condition or in any such affected area until after Owner OWNER has obtained any required permits related thereto and delivered to Contractor NEI written notice: notice (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; Construction, or (ii) specifying any special conditions under which such Work Construction may be resumed safely. If Owner OWNER and Contractor NEI cannot agree as to entitlement to or on the amount or extentextent of an adjustment, if any, of any adjustment in Contract Price or Contract Times, or both, Times as a result of such Work Construction stoppage or such special conditions under which Work stoppage Construction is agreed to be resumed by ContractorNEI, either party may make a Claim therefor therefore as provided in this AgreementParagraph 13.03.
11.5.4 D. If after receipt of such special written notice Contractor NEI does not agree to resume such Work Construction based on a reasonable belief it is unsafe, or does not agree to resume such Work Construction under such special conditions, then Owner OWNER may order the such portion of the Work that is in the area affected by related to such condition Hazardous Environmental Condition to be deleted from the Work. Work in accordance with Paragraph 13.01B. If Owner OWNER and Contractor NEI cannot agree as to entitlement to or on the amount or extentextent of an adjustment, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor therefore as provided in this Agreement. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with the article relating to Other WorkParagraph 13.03.
11.5.5 E. To the fullest extent permitted by Laws and or Regulations, Contractor OWNER shall indemnify and hold harmless OwnerNEI, ArchitectSubcontractors, Architect's Consultants, Suppliers and the officers, directors, partners, employees, agents, other consultants, consultants and subcontractors of each and any of them from and against all claims, costs, losses, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys, attorneys and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a resulting from such Hazardous Environmental Condition Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Contract Documents to be included in the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this paragraph shall obligate Contractor to indemnify any individual or entity from NEI, its officers, directors, partners, employees, agents, and against the consequences of that individual's or entity's own negligenceother consultants.
11.5.6 The provisions of paragraphs above are not intended to apply to a Hazardous Environmental Condition uncovered or revealed at the Site.
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Hazardous Environmental Condition at Site. 11.5.1 Contractor shall A. Design/Builder will not be responsible for any Hazardous Environmental Condition uncovered or revealed encountered at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work or should have been known by Contractor by reasonable inspection of the SiteWork. Contractor Design/Builder shall be responsible for materials creating a Hazardous Environmental Condition created with by any materials brought to the Site by ContractorDesign/Builder, Subcontractors, Suppliers, Suppliers or anyone else for whom Contractor Design/Builder is responsible.
11.5.2 B. If Contractor Design/Builder encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor Design/Builder shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work Construction in connection with such condition and in any area affected thereby (except in an emergency as defined in this Agreementrequired by paragraph 6.16); and (iii) notify Owner and Architect (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Architect concerning determine the necessity for Owner to retain of retaining a qualified expert to evaluate such condition or take corrective action, if any.
11.5.3 Contractor C. Design/Builder shall not be required to resume Work Construction in connection with such condition Hazardous Environmental Condition or in any such affected area until after Owner has obtained any required permits related thereto and delivered to Contractor Design/Builder written notice: notice (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; Construction, or (ii) specifying any special conditions under which such Work Construction may be resumed safely. If Owner and Contractor Design/Builder cannot agree as to entitlement to or on the amount or extentextent of an adjustment, if any, of any adjustment in Contract Price or Contract Times, or both, Times as a result of such Work Construction stoppage or such special conditions under which Work stoppage Construction is agreed to be resumed by ContractorDesign/Builder, either party may make a Claim therefor therefore as provided in this AgreementArticle 9.
11.5.4 D. If after receipt of such special written notice Contractor Design/Builder does not agree to resume such Work Construction based on a reasonable belief it is unsafe, or does not agree to resume such Work Construction under such special conditions, then Owner may order the such portion of the Work that is in the area affected by related to such condition Hazardous Environmental Condition to be deleted from the Work. If Owner and Contractor Design/Builder cannot agree as to entitlement to or on the amount or extentextent of an adjustment, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor therefore as provided in this AgreementArticle 9. Owner may have such deleted portion of the Work performed by Owner's ’s own forces or others in accordance with the article relating to Other WorkArticle 7.
11.5.5 E. To the fullest extent permitted by Laws and or Regulations, Contractor Owner shall indemnify and hold harmless OwnerDesign/Builder, ArchitectSubcontractors, Architect's Consultants, Suppliers and the officers, directors, partners, employees, agents, other consultants, consultants and subcontractors of each and any of them from and against all claims, costs, losses, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys, attorneys and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a resulting from such Hazardous Environmental Condition Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Contract Documents to be included in the scope of the Work and (ii) was not created by Contractor Design/Builder or by anyone for whom Contractor Design/Builder is responsible. Nothing in this paragraph 4.04.E shall obligate Contractor Owner to indemnify any individual or entity from and against the consequences of that individual's ’s or entity's ’s own negligence.
11.5.6 The provisions F. To the fullest extent permitted by Laws or Regulations, Design/Builder shall indemnify and hold harmless Owner, Owner’s Consultant and the officers, directors, partners, employees, agents, other consultants and subcontractors of paragraphs above are each and any of them from and against all claims, costs, losses and damages (including but not intended limited to apply to a all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) arising out of or resulting from such Hazardous Environmental Condition uncovered created by Design/Builder or revealed at anyone for whom Design/Builder is responsible. Nothing in this paragraph 4.04.F shall obligate Design/Builder to indemnify any individual or entity from and against the Siteconsequences of that individual’s or entity’ own negligence.
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Hazardous Environmental Condition at Site. 11.5.1 A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the Design Professional in the preparation of the Contract Documents.
B. Limited Reliance by Contractor shall on Technical Data Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any Claim against Owner, Design Professional or any of Design Professional's Consultants with respect to:
1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be responsible for employed by Contractor and safety precautions and programs incident thereto; or
2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or
3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information.
C. Contractor must take all precautions to discover and locate any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown that may present a substantial danger to persons or indicated property exposed thereto in Drawings or Specifications or identified in the Contract Documents to be within the scope of the connection with Work or should have been known by Contractor by reasonable inspection of at the Site. Contractor shall be responsible for any damages arising out of or caused by a Hazardous Environmental Condition created with any materials brought to on the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. Within 24 hours of the time Contractor discovers a Hazardous Environmental Condition, Contractor shall follow the procedures set forth in paragraph D below.
11.5.2 D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as defined in this Agreementemergency); and (iii) notify Owner and Architect (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Architect concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any.
11.5.3 Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered to Contractor written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work stoppage to be resumed by Contractor, either party may make a Claim therefor as provided in this Agreement.
11.5.4 If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in this Agreement. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with the article relating to Other Work.
11.5.5 To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner, Architect, Architect's Consultants, and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this paragraph shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence.
11.5.6 The provisions of paragraphs above are not intended to apply to a Hazardous Environmental Condition uncovered or revealed at the Site.and
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