Common use of Protection of Persons and Property Clause in Contracts

Protection of Persons and Property. 10.1 The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Contract. The Contractor shall take all reasonable precautions to prevent damage, injury or loss to: workers, persons nearby who may be affected, the Work, materials and equipment to be incorporated, and existing property at the site or adjacent thereto. The Contractor shall give notices and comply with applicable laws ordinances, rules regulations, and lawful orders of public authorities bearing on the safety of persons and property and their protection from injury, damage, or loss. The Contractor shall promptly remedy damage and loss to property at the site caused in whole or in part by the Contractor, a Subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable. 10.2 The Contractor shall notify the Owner in the event any existing hazardous material such as lead, PCBs, asbestos, etc. is encountered on the project. The Owner will arrange with a qualified specialist for the identification, testing, removal, handling and protection against exposure or environmental pollution, to comply with applicable regulation laws and ordinances. The Contractor and Architect will not be required to participate in or to perform this operation. Upon completion of this work, the Owner will notify the Contractor and Architect in writing the area has been cleared and approved by the authorities in order for the work to proceed. The Contractor shall attach documentation from the authorities of said approval. 10.3 As required in the Hazardous Chemical Information Act of June 1984, all vendors supplying any materials that may be defined as hazardous, must provide Material Safety Data Sheets for those products. Any chemical product should be considered hazardous if it has a warning caution on the label relating to a potential physical or health hazard, if it is known to be present in the work place, and if employees may be exposed under normal conditions or in any foreseeable emergency situation. Material Safety Data Sheets must be provided directly to the Owner along with the shipping slips that include those products. 10.4 The Contractor shall certify to the Owner that materials incorporated into the Work are free of all asbestos. This certification may be in the form of Material Safety Data Sheet (MSDS) provided by the product manufacturer for the materials used in construction, as specified or as provided by the Contractor.

Protection of Persons and Property. 10.1 16.1 The Contractor shall have the right to control and shall be solely responsible for for, and neither KCDA, the Client, nor the A/E shall have responsibility for, all aspects of safety, including initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the ContractAgreement. The Contractor shall take all reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: workers, to (1) employees on the Work and other persons nearby who may be affected, affected thereby; (2) the Work, Work and materials and equipment to be incorporated, incorporated therein; and existing (3) other property at the site or adjacent thereto. The Contractor shall maintain the Work site and perform the Work in a manner that meets statutory and common-law requirements for the provision of a safe place to work. This requirement shall apply continuously and not be limited to working hours. 16.2 The Contractor shall give notices and comply with applicable laws laws, ordinances, rules regulationsrules, regulations and lawful orders of public authorities bearing on the safety of persons and property and their protection from damage, injury, damage, or loss. The Contractor shall promptly remedy damage and loss to property at the site caused in whole or in part by the Contractor, a SubcontractorSubcontractor of any tier, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable.they 10.2 16.3 The Contractor shall notify the Owner in the event any existing hazardous material such as lead, PCBs, asbestos, etc. is encountered on the project. The Owner will arrange with a qualified specialist for the identification, testing, removal, handling and protection against exposure or environmental pollution, to comply with applicable regulation laws and ordinances. The Contractor and Architect will not be required to participate perform without consent any Work relating to asbestos or polychlorinated biphenyl (“PCB”) unless specifically required by the Contract Documents. 16.4 The Contractor shall bear the risk of any loss, damage or destruction of its own property, including without limitation its tools, trailers and equipment, whether rented or owned, to the extent that they will not be incorporated in the Work. Any insurance provided by the Client will not cover any such loss, damage or destruction. 16.5 If the scope of the Work requires the Contractor to perform this operation. Upon completion of this workWork relating to hazardous materials, the Owner will notify the Contractor shall be responsible to take all reasonable precautions to prevent foreseeable bodily injury or death resulting from such materials or substances, and Architect in writing the area has been cleared and approved to dispose of such materials as required by the authorities in order for the work to proceedContract Documents and all applicable state and federal laws and regulations. The Contractor shall attach documentation from the authorities of said approval. 10.3 As required in the Hazardous Chemical Information Act of June 1984defend, all vendors supplying any materials that may be defined as hazardous, must provide Material Safety Data Sheets for those products. Any chemical product should be considered hazardous if it has a warning caution on the label relating to a potential physical or health hazard, if it is known to be present in the work placeindemnify, and if employees may be exposed under normal conditions or in hold harmless the Client, its consultants, the A/E, and their respective agents, employees, consultants, successors and assigns from and against any foreseeable emergency situation. Material Safety Data Sheets must be provided directly and all claims to the Owner along with the shipping slips that include those products. 10.4 The Contractor shall certify to the Owner that materials incorporated into the Work are free extent of all asbestos. This certification may be in the form of Material Safety Data Sheet (MSDS) provided by the product manufacturer for the materials used in construction, as specified or as provided by the Contractor's failure to abide by such Contract Documents and all applicable state and federal laws and regulations.

Protection of Persons and Property. 10.1 The Contractor ESCO shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Contract. The Contractor ESCO shall take all reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: workers, to (1) employees on the Work and other persons nearby who may be affectedaffected thereby, (2) the Work, Work and materials and equipment to be incorporatedincorporated therein, and existing (3) other property at the site or adjacent thereto. The Contractor . 10.2 ESCO shall give notices and comply with applicable laws laws, ordinances, rules regulationsrules, regulations and lawful orders of public authorities bearing on the safety of persons and property and their protection from injury, damage, injury or loss. The Contractor shall promptly remedy damage and loss to property at the site caused in whole or in part by the Contractor, a Subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable. 10.2 10.3 The Contractor shall notify scope of work or service to be performed by ESCO pursuant to this Contract, and the Owner in the event compensation to be paid to ESCO hereunder for Work or services performed, expressly exclude any existing hazardous material such as lead, PCBs, asbestos, etc. is encountered on the project. The Owner will arrange Work or service of any nature associated or connected with a qualified specialist for the identification, testingabatement, removalcleanup, handling control or removal of environmentally hazardous materials beyond what is specifically defined and protection against exposure identified in Schedule A of this Contract. "Hazardous Materials" to include, but not be limited to, asbestos and PCBs discovered in or environmental pollutionon the premises. Customer agrees that all duties and obligations in connection with any hazardous materials located in or on the premises, other than those defined in Schedule A, are strictly the responsibility of Customer. Customer warrants and represents to comply the best of Customer’s knowledge there are no hazardous materials in or on the premises which will affect, be affected by, come in contact with, or otherwise impact upon or interfere with applicable regulation laws the Work to be performed by ESCO pursuant to this Contract. 10.4 Should ESCO become aware or suspect the presence of hazardous materials beyond those to be addressed in Schedule A during performance of its Work under this Contract, ESCO will be authorized to cease Work in the affected area immediately, and ordinanceswill promptly notify Customer of the conditions discovered. The Contractor and Architect Should ESCO stop Work because of the discovery or suspicion of hazardous materials, the time for performance of ESCO’S Work or service will be extended to cover the period required for abatement, cleanup, or removal of the hazardous materials. ESCO will not be required held responsible for any claims, damages, costs, or expenses of any kind associated with the period during which ESCO has stopped Work as a result of hazardous materials. If appropriate, ESCO will be entitled to participate an equitable adjustment of the Contract Price for any increased costs or other charges incurred by ESCO in or to perform connection with the existence of its rights under this operation. Upon completion of this work, the Owner will notify the Contractor and Architect in writing the area has been cleared and approved by the authorities in order for the work to proceed. The Contractor shall attach documentation from the authorities of said approvalparagraph. 10.3 As required 10.5 Customer will be responsible for taking all necessary steps to correct, xxxxx, clean up, or control hazardous materials not addressed by ESCO in Schedule A in accordance with all applicable statutes and regulations. Customer specifically agrees, to the Hazardous Chemical Information Act extent allowed by state law, to indemnify and to hold ESCO, its officers, agents and employees harmless from and against any and all claims, demands, damages, or causes of June 1984action in any way arising out of the release of hazardous materials into the air, soil, or any water system or water course, or any actions taken in connection with same, or any failure to act. 10.6 ESCO shall recycle all vendors supplying any materials that may be defined as hazardousused, must provide Material Safety Data Sheets for those products. Any chemical product should be considered hazardous if it has a warning caution on the label relating to a potential physical replaced or health hazarddiscarded parts, if it is known to be present in the work placematerials, and if employees may be exposed under normal conditions or in any foreseeable emergency situation. Material Safety Data Sheets must be provided directly equipment to the Owner along extent reasonably possible or required by law and all methods of recycling shall be compliant with the shipping slips that include those productsapplicable federal, state, and local statutes, ordinances, rules, and guidelines for recycling. 10.4 The Contractor shall certify to the Owner that materials incorporated into the Work are free of all asbestos. This certification may be in the form of Material Safety Data Sheet (MSDS) provided by the product manufacturer for the materials used in construction, as specified or as provided by the Contractor.

Protection of Persons and Property. 10.1 The Contractor ESCO shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Contract. The Contractor ESCO shall take all reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: workers, to (1) employees engaged in the Work of the Project and other persons nearby who may be affectedaffected thereby, (2) the Work, materials and equipment to be incorporatedincorporated therein, and existing (3) other property at the site or adjacent thereto. The Contractor . 10.2 ESCO shall give notices and comply with applicable laws laws, ordinances, rules regulationsrules, regulations and lawful orders of public authorities bearing on the safety of persons and property and their protection from injury, damage, injury or loss. The Contractor shall promptly remedy damage and loss to property at the site caused in whole or in part by the Contractor, a Subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable. 10.2 10.3 The Contractor shall notify scope of work or services to be performed by ESCO pursuant to this Contract, and the Owner in the event compensation to be paid to ESCO hereunder for Work or services performed, expressly exclude any existing hazardous material such as lead, PCBs, asbestos, etc. is encountered on the project. The Owner will arrange Work or service of any nature associated or connected with a qualified specialist for the identification, testingabatement, removalcleanup, handling control or removal of environmentally hazardous materials beyond what is specifically defined and protection against exposure identified in Schedule A of this Contract. "Hazardous Materials" to include, but not be limited to, asbestos and PCBs discovered in or environmental pollutionon the premises. Customer agrees that all duties and obligations in connection with any hazardous materials located in or on the premises, other than those defined in Schedule A, are strictly the responsibility of Customer. Customer warrants and represents to comply the best of Customer’s knowledge there are no hazardous materials in or on the premises which will affect, be affected by, come in contact with, or otherwise impact upon or interfere with applicable regulation laws the Work to be performed by ESCO pursuant to this Contract. 10.4 Should ESCO become aware or suspect the presence of hazardous materials beyond those to be addressed in Schedule A during performance of its Work under this Contract, ESCO will be authorized to cease Work only in the affected area immediately, and ordinanceswill promptly notify Customer of the conditions discovered. The Contractor and Architect Should ESCO stop Work because of the discovery or suspicion of hazardous materials, the time for performance of ESCO’S Work or service will be extended to cover the period required for abatement, cleanup, or removal of the hazardous materials. ESCO will not be required to participate in held responsible for any claims, damages, costs, or to perform this operation. Upon completion expenses of this work, any kind associated with the Owner will notify the Contractor and Architect in writing the area period during which ESCO has been cleared and approved by the authorities in order for the work to proceed. The Contractor shall attach documentation from the authorities stopped Work as a result of said approvalhazardous materials. 10.3 As required 10.5 Customer will be responsible for taking all necessary steps to correct, xxxxx, clean up, or control hazardous materials not addressed by ESCO in the Hazardous Chemical Information Act of June 1984, Schedule A in accordance with all vendors supplying any materials that may be defined as hazardous, must provide Material Safety Data Sheets for those products. Any chemical product should be considered hazardous if it has a warning caution on the label relating to a potential physical or health hazard, if it is known to be present in the work place, applicable statutes and if employees may be exposed under normal conditions or in any foreseeable emergency situation. Material Safety Data Sheets must be provided directly to the Owner along with the shipping slips that include those productsregulations. 10.4 The Contractor shall certify to the Owner that materials incorporated into the Work are free of all asbestos. This certification may be in the form of Material Safety Data Sheet (MSDS) provided by the product manufacturer for the materials used in construction, as specified or as provided by the Contractor.

Protection of Persons and Property. 10.1 The Contractor ESCO shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Contract. The Contractor ESCO shall take all reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: workers, to (1) employees on the Work and other persons nearby who may be affectedaffected thereby, (2) the Work, Work and materials and equipment to be incorporatedincorporated therein, and existing (3) other property at the site or adjacent thereto. The Contractor . 10.2 ESCO shall give notices and comply with applicable laws laws, ordinances, rules regulationsrules, regulations and lawful orders of public authorities bearing on the safety of persons and property and their protection from injury, damage, injury or loss. The Contractor shall promptly remedy damage and loss to property at the site caused in whole or in part by the Contractor, a Subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable. 10.2 10.3 The Contractor shall notify Work or service to be performed by ESCO pursuant to this Contract, and the Owner in the event compensation to be paid to ESCO hereunder for Work or services performed, expressly exclude any existing hazardous material such as lead, PCBs, asbestos, etc. is encountered on the project. The Owner will arrange Work or service of any nature associated or connected with a qualified specialist for the identification, abatement, cleanup, control or removal of environmentally hazardous materials beyond what is specifically defined and identified in Schedule A of this Contract. "Hazardous Materials" to include, but not be limited to, asbestos and PCBs discovered in or on the premises. Customer agrees that all duties and obligations in connection with any hazardous materials located in or on the premises, other than those defined in Schedule A, are strictly the responsibility of Customer. Customer will provide any hazardous materials testing documentation and reports, and information from previous sources or vendors used in hazardous materials testing. Customer warrants and represents to the best of Customer’s knowledge there are no hazardous materials in or on the premises which will affect, removalbe affected by, handling come in contact with, or otherwise impact upon or interfere with the Work to be performed by ESCO pursuant to this Contract. 10.4 Should ESCO become aware or suspect the presence of hazardous materials beyond those to be addressed in Schedule A during performance of its Work under this Contract, ESCO will be authorized to cease Work in the affected area immediately, and protection against exposure will promptly notify Customer of the conditions discovered. Should ESCO stop Work because of the discovery or environmental pollutionsuspicion of hazardous materials, the time for performance of ESCO’S Work or service will be extended to comply with applicable regulation laws and ordinancescover the period required for abatement, cleanup, or removal of the hazardous materials. The Contractor and Architect ESCO will not be required held responsible for any claims, damages, costs, or expenses of any kind associated with the period during which ESCO has stopped Work as a result of hazardous materials. If appropriate, ESCO will be entitled to participate an equitable adjustment of the Contract Price for any increased costs or other charges incurred by ESCO in or to perform connection with the existence of its rights under this operation. Upon completion of this work, the Owner will notify the Contractor and Architect in writing the area has been cleared and approved by the authorities in order for the work to proceed. The Contractor shall attach documentation from the authorities of said approvalparagraph. 10.3 As required 10.5 Customer will be responsible for taking all necessary steps to correct, xxxxx, clean up, or control hazardous materials not addressed by ESCO in Schedule A in accordance with all applicable statutes and regulations. Customer specifically agrees, to the Hazardous Chemical Information Act extent allowed by state law, to indemnify and to hold ESCO, its officers, agents and employees harmless from and against any and all claims, demands, damages, or causes of June 1984, all vendors supplying any materials that may be defined as hazardous, must provide Material Safety Data Sheets for those products. Any chemical product should be considered hazardous if it has a warning caution on the label relating to a potential physical or health hazard, if it is known to be present in the work place, and if employees may be exposed under normal conditions or action in any foreseeable emergency situation. Material Safety Data Sheets must be provided directly to way arising out of the Owner along with the shipping slips that include those products. 10.4 The Contractor shall certify to the Owner that release of hazardous materials incorporated into the Work are free of all asbestos. This certification may be air, soil, or any water system or water course, or any actions taken in the form of Material Safety Data Sheet (MSDS) provided by the product manufacturer for the materials used in constructionconnection with same, as specified or as provided by the Contractorany failure to act.

Protection of Persons and Property. 10.1 The Contractor 12.1 Subcontractor shall be responsible for initiatingprotection of its own property and Work until final acceptance. If Builder’s Risk insurance is provided by MW or others, maintainingSubcontractor agrees to accept the amount paid from it as total compensation for a loss and to waive subrogation or other claims against MW, its insurers and Owner. 12.2 Subcontractor shall provide safe and proper facilities for inspection by MW and Owner of the work and materials of Subcontractor, whether in the field, at shops, or at any place where such materials may be in preparation, manufacture, storage or installation. If any retesting or reinspection is required due to failure of Subcontractor’s Work, or its unavailability for inspection at scheduled times, Subcontractor shall be charged for it. 12.3 Subcontractor shall closely adhere to all requirements of the Prime Contract concerning hazardous materials, and supervising give MW sufficient advance notice of potential involvement of hazardous materials to allow for coordination of protection of persons and property. Subcontractor shall give immediate notice to MW of any injury to persons on the Project. 12.4 Subcontractor is responsible for protecting its personnel, materials, equipment and Work, and for taking reasonable precautions to avoid damage to the work of other contractors, the owner and adjoining property. 12.5 Subcontractor shall take all necessary safety precautions and programs in connection with the respect to performance of the Contract. The Contractor Subcontractor’s Work and shall take all reasonable precautions to prevent damage, injury or loss to: workers, persons nearby who may be affected, the Work, materials and equipment to be incorporated, and existing property at the site or adjacent thereto. The Contractor shall give notices and comply with applicable laws safety measures and with applicable laws, ordinances, rules rules, regulations, and lawful orders of public authorities bearing on and with the requirements of the Subcontract Documents for the safety of persons and property and their protection from injury, damage, or lossproperty. The Contractor shall promptly remedy damage and loss to property at the site caused in whole or in part by the Contractor, a Subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable. 10.2 The Contractor shall notify the Owner in the event any existing hazardous material such as lead, PCBs, asbestos, etc. is encountered on the project. The Owner will arrange with a qualified specialist for the identification, testing, removal, handling and protection against exposure or environmental pollution, to comply with applicable regulation laws and ordinances. The Contractor and Architect will not be required Subcontractor agrees to participate in or to perform this operation. Upon completion of this workperiodic site safety meetings as requested by Contractor, the Owner will notify the Contractor and Architect in writing the area has been cleared and approved by the authorities in order for the work to proceedincluding weekly “toolbox talks”. The Contractor Subcontractor shall attach documentation from the authorities of said approvalcomply with all Project Safety Requirements listed in this Section, and as requested by Contractor. 10.3 As 12.6 Subcontractor and its employees must, at a minimum, comply with all applicable laws, codes, rules, regulations and requirements pertaining to the safe performance of its Work, including the Federal Occupational Safety and Health Act (OSHA), state OSHA programs, and Contractor’s Statement of Safe Work Practices. Subcontractor agrees to provide protection as is necessary to protect all persons and property from Subcontractor’s operations. Subcontractor shall effectively secure and protect the Subcontractor’s Work. The Subcontractor shall furnish all safety equipment required in to safely perform the Hazardous Chemical Information Act of June 1984, all vendors supplying any materials Subcontractor’s Work. 12.7 The Subcontractor agrees and acknowledges that may be defined as hazardous, must provide Material Safety Data Sheets for those products. Any chemical product should be considered hazardous if it has assumed full responsibility and liability for safety precautions in connection with the construction means, methods, techniques, sequences, supervision and procedures pertaining to Subcontractor’s Work. 12.8 The Subcontractor hereby agrees to indemnify and hold the Owner, Contractor, Architect, and their agents, successors, heirs, assigns, and employees harmless from and against all claims, costs, damages, fines, and expenses, including attorneys’ fees, arising from or in connection with Subcontractor’s operations and the results of such operations. Without limiting the generality of the foregoing, Subcontractor agree to reimburse Contractor for any and all fines and/or penalties incurred as well as attorneys’ fees incurred by Contractor as a warning caution on the label relating to result of or arising out of Subcontractor’s Work. 12.9 Subcontractor’s Work will be directed and supervised by a potential physical or health hazard, if it is known to competent person as defined by OSHA. Such competent person will have a thorough knowledge of OSHA regulations and will be present at the Project site at all times that Subcontractor’s Work is in the work place, and if employees may be exposed under normal conditions or in any foreseeable emergency situation. Material Safety Data Sheets must be provided directly to the Owner along with the shipping slips that include those productsprogress. 10.4 The Contractor shall certify to the Owner that materials incorporated into the Work are free of all asbestos. This certification may be in the form of Material Safety Data Sheet (MSDS) provided by the product manufacturer for the materials used in construction, as specified or as provided by the Contractor.

Protection of Persons and Property. 10.1 The Contractor ESCO shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Contract. The Contractor ESCO shall take all reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: workers, to (1) employees on the Work and other persons nearby who may be affectedaffected thereby, (2) the Work, Work and materials and equipment to be incorporatedincorporated therein, and existing (3) other property at the site or adjacent thereto. The Contractor . 10.2 ESCO shall give notices and comply with applicable laws laws, ordinances, rules regulationsrules, regulations and lawful orders of public authorities bearing on the safety of persons and property and their protection from injury, damage, injury or loss. The Contractor shall promptly remedy damage and loss to property at the site caused in whole or in part by the Contractor, a Subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable. 10.2 10.3 The Contractor shall notify scope of work or service to be performed by ESCO pursuant to this Contract, and the Owner in the event compensation to be paid to ESCO hereunder for Work or services performed, expressly exclude any existing hazardous material such as lead, PCBs, asbestos, etc. is encountered on the project. The Owner will arrange Work or service of any nature associated or connected with a qualified specialist for the identification, testingabatement, removalcleanup, handling control or removal of environmentally hazardous materials beyond what is specifically defined and protection against exposure identified in Schedule A of this Contract. "Hazardous Materials" to include, but not be limited to, asbestos and PCBs discovered in or environmental pollutionon the premises. Customer agrees that all duties and obligations in connection with any hazardous materials located in or on the premises, other than those defined in Schedule A, are strictly the responsibility of Customer. Customer warrants and represents to comply the best of Customer’s knowledge there are no hazardous materials in or on the premises which will affect, be affected by, come in contact with, or otherwise impact upon or interfere with applicable regulation laws the Work to be performed by ESCO pursuant to this Contract. 10.4 Should ESCO become aware or suspect the presence of hazardous materials beyond those to be addressed in Schedule A during performance of its Work under this Contract, ESCO will be authorized to cease Work in the affected area immediately, and ordinanceswill promptly notify Customer of the conditions discovered. The Contractor and Architect Should ESCO stop Work because of the discovery or suspicion of hazardous materials, the time for performance of ESCO’S Work or service will be extended to cover the period required for abatement, cleanup, or removal of the hazardous materials. ESCO will not be required held responsible for any claims, damages, costs, or expenses of any kind associated with the period during which ESCO has stopped Work as a result of hazardous materials. If appropriate, ESCO will be entitled to participate an equitable adjustment of the Contract Sum for any increased costs or other charges incurred by ESCO in or to perform connection with the existence of its rights under this operation. Upon completion of this work, the Owner will notify the Contractor and Architect in writing the area has been cleared and approved by the authorities in order for the work to proceed. The Contractor shall attach documentation from the authorities of said approvalparagraph. 10.3 As required 10.5 Customer will be responsible for taking all necessary steps to correct, xxxxx, clean up, or control hazardous materials not addressed by ESCO in Schedule A in accordance with all applicable statutes and regulations. Customer specifically agrees, to the Hazardous Chemical Information Act extent allowed by state law, to indemnify and to hold ESCO, its officers, agents and employees harmless from and against any and all claims, demands, damages, or causes of June 1984, all vendors supplying any materials that may be defined as hazardous, must provide Material Safety Data Sheets for those products. Any chemical product should be considered hazardous if it has a warning caution on the label relating to a potential physical or health hazard, if it is known to be present in the work place, and if employees may be exposed under normal conditions or action in any foreseeable emergency situation. Material Safety Data Sheets must be provided directly to way arising out of the Owner along with the shipping slips that include those products. 10.4 The Contractor shall certify to the Owner that release of hazardous materials incorporated into the Work are free of all asbestos. This certification may be air, soil, or any water system or water course, or any actions taken in the form of Material Safety Data Sheet (MSDS) provided by the product manufacturer for the materials used in constructionconnection with same, as specified or as provided by the Contractorany failure to act.

Protection of Persons and Property. 10.1 The Contractor ESCO shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Contract. The Contractor ESCO shall take all reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: workers, to (1) employees on the Work and other persons nearby who may be affectedaffected thereby, (2) the Work, Work and materials and equipment to be incorporatedincorporated therein, and existing (3) other property at the site or adjacent thereto. The Contractor . 10.2 ESCO shall give notices and comply with applicable laws laws, ordinances, rules regulationsrules, regulations and lawful orders of public authorities bearing on the safety of persons and property and their protection from injury, damage, injury or loss. The Contractor shall promptly remedy damage and loss to property at the site caused in whole or in part by the Contractor, a Subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable. 10.2 10.3 The Contractor shall notify scope of work or service to be performed by ESCO pursuant to this Contract, and the Owner in the event compensation to be paid to ESCO hereunder for Work or services performed, expressly exclude any existing hazardous material such as lead, PCBs, asbestos, etc. is encountered on the project. The Owner will arrange Work or service of any nature associated or connected with a qualified specialist for the identification, testingabatement, removalcleanup, handling control or removal of environmentally hazardous materials beyond what is specifically defined and protection against exposure identified in Schedule A of this Contract. "Hazardous Materials" to include, but not be limited to, asbestos and PCBs discovered in or environmental pollutionon the premises. Customer agrees that all duties and obligations in connection with any hazardous materials located in or on the premises, other than those defined in Schedule A, are strictly the responsibility of Customer. Customer warrants and represents to comply the best of Customer’s knowledge there are no hazardous materials in or on the premises which will affect, be affected by, come in contact with, or otherwise impact upon or interfere with applicable regulation laws the Work to be performed by ESCO pursuant to this Contract. 10.4 Should ESCO become aware or suspect the presence of hazardous materials beyond those to be addressed in Schedule A during performance of its Work under this Contract, ESCO will be authorized to cease Work in the affected area immediately and ordinanceswill promptly notify Customer of the conditions discovered. The Contractor and Architect Should ESCO stop Work because of the discovery or suspicion of hazardous materials, the time for performance of ESCO’S Work or service will be extended to cover the period required for abatement, cleanup, or removal of the hazardous materials. ESCO will not be required held responsible for any claims, damages, costs, or expenses of any kind associated with the period during which ESCO has stopped Work as a result of hazardous materials. Agreeable by both parties, ESCO will be entitled to participate an equitable adjustment of the Contract Price for any increased costs or other charges incurred by ESCO in or to perform connection with the existence of its rights under this operation. Upon completion of this work, the Owner will notify the Contractor and Architect in writing the area has been cleared and approved by the authorities in order for the work to proceed. The Contractor shall attach documentation from the authorities of said approvalparagraph. 10.3 As required 10.5 Customer will be responsible for taking all necessary steps to correct, xxxxx, clean up, or control hazardous materials not addressed by ESCO in the Hazardous Chemical Information Act of June 1984, Schedule A in accordance with all vendors supplying any materials that may be defined as hazardous, must provide Material Safety Data Sheets for those products. Any chemical product should be considered hazardous if it has a warning caution on the label relating to a potential physical or health hazard, if it is known to be present in the work place, applicable statutes and if employees may be exposed under normal conditions or in any foreseeable emergency situation. Material Safety Data Sheets must be provided directly to the Owner along with the shipping slips that include those productsregulations. 10.4 The Contractor shall certify to the Owner that materials incorporated into the Work are free of all asbestos. This certification may be in the form of Material Safety Data Sheet (MSDS) provided by the product manufacturer for the materials used in construction, as specified or as provided by the Contractor.