Pre-Existing Hazardous Material. Owner shall indemnify Contractor and its Subcontractors from any liability in connection with any pre-existing Hazardous Material, except to the extent such liability was caused by the willful misconduct or wanton acts or omissions of Contractor or its Subcontractors. Except as provided above, Owner shall at all times remain the responsible party for all pre-existing Hazardous Material and its remediation. Any assistance provided by Contractor shall be pursuant to a mutually agreed Change Order, and Contractor shall be entitled to a Change Order for equitable price and/or schedule adjustment if its cost or performance is impacted by the discovery of any pre-existing Hazardous Materials.
Pre-Existing Hazardous Material. Subject to Section 17.1B, Owner shall be responsible for and shall save, indemnify, defend and hold harmless the Contractor Indemnified Parties from the abatement, remediation, transport, and disposal of any Pre-Existing Hazardous Material at the Site, and excluding any damages, costs, expenses or losses to the extent related to Contractor’s or any of its Subcontractor’s or Sub-subcontractor’s failure to stop Work and notify Owner upon encountering Pre-Existing Hazardous Material at the Site as required by Section 3.17 (and subject to the cap set forth in such Section).
