Common use of Hazardous Materials; Worksite Finds Clause in Contracts

Hazardous Materials; Worksite Finds. (a) Contractor is responsible for reviewing all emergency management plans and for obtaining Owner approval prior to commencing any Work in any area that Contractor knows or should know to contain asbestos or other hazardous materials. Contractor agrees that it shall not transport to, use, generate, dispose of, or install at the Worksite any Hazardous Substance, except in accordance with applicable environmental laws. Further, in performing the Work, Contractor, and Contractor’s personnel, Subcontractors, sub-subcontractors and suppliers shall not cause any release of Hazardous Substances into, or contamination of, the environment, including the soil, the atmosphere, any water course or ground water, except in accordance with applicable environmental laws. In the event Contractor wishes to conduct any inspection or testing at the Project, it shall ensure that Owner is properly notified and approves thereof. (b) In the event Contractor encounters on the Worksite any significant Worksite Finds or Hazardous Substances, or what Contractor may reasonably believe to be Hazardous Substances existing on, at or near the Worksite, or at risk of being introduced into the environment as a result of the performance of the Work, and the presence of which is contrary to or requires reporting to any governmental regulatory authority under applicable environmental laws, Contractor shall immediately stop the Work in the area affected and report the condition to Owner and Architect/Engineer in writing, and, if required by Applicable Law, to the appropriate governmental regulatory authorities, as well. The Work in the affected area shall not thereafter be resumed except by written authorization of Owner if in fact Worksite Finds or Hazardous Substances have been encountered and the presence of which have not been resolve, managed or rendered harmless, as applicable. Contractor shall be responsible for the consequences of any failure to stop Work under this Article 21.03.