Common use of Safety Precautions and Procedures Clause in Contracts

Safety Precautions and Procedures. § 4.5.1 The Subcontractor shall take reasonable safety precautions with respect to performance of the Subcontract, including those precautions contained in Attachment G. The Subcontractor shall further comply with the safety measures, plans, or programs initiated or adopted by the Contractor and/or Owner for the Project and with all applicable laws, statutes, ordinances, codes, rules, regulations, and lawful orders of public authorities for the safety of persons and property. The Subcontractor shall notify the Contractor within twenty-four (24) hours of an injury and/or “near miss” (i.e., an incident that could have caused injury but for chance or intervention) to an employee or agent of the Subcontractor which occurred at the site. § 4.5.2 If hazardous materials or substances are being used on the site by the Subcontractor, the Subcontractor’s sub-subcontractors, or anyone directly or indirectly employed by them, and they are a type of hazardous material or substance of which an employer is required by law to notify its employees, the Subcontractor shall, prior to delivery to the Project site or exposure of the Contractor, other subcontractors, and other employers on the site to such material or substance, give written notice of the chemical composition thereof to the Contractor in sufficient detail and time to permit compliance with the laws by the Contractor, other subcontractors, and other employers on the site. § 4.5.3 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a hazardous material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Subcontractor, the Subcontractor shall, upon recognizing the condition, immediately stop Work in the affected area and promptly report the condition to the Contractor in writing. When the material or substance has been rendered harmless, the Subcontractor’s Work in the affected area shall resume upon written agreement of the Contractor and Subcontractor, which agreement shall not be unreasonably withheld by either. Provided such relief is available under the Prime Contract to the Contractor on Subcontractor’s behalf, the Subcontract Time shall be extended appropriately and the Subcontract Sum shall be increased in the amount of the Subcontractor’s reasonable additional costs of demobilization, delay, and remobilization, which adjustments shall be accomplished as provided in Article 5 of these General Conditions. § 4.5.4 The Subcontractor shall reimburse the Contractor for the cost and expense the Contractor incurs (1) for remediation of a hazardous material or substance brought to the site and negligently handled by the Subcontractor or anyone for whom Subcontractor may be liable, or (2) where the Subcontractor fails to perform its obligations under Section 4.5.3, except to the extent that the cost and expense are due to the Contractor’s fault or negligence. Without limiting the foregoing or Subcontractor’s indemnity duties under Section 4.8 below, the Subcontractor shall, to the fullest extent permitted by law, defend, indemnify, and hold harmless the Contractor and its agents and employees from and against claims, damages, losses, and expenses, including but not limited to attorneys’ fees, expert witness’ fees, personnel costs, and costs of suit, arising out of or resulting from contact or exposure with or to the hazardous materials or substances contemplated under Sections 4.5.2 and/or 4.5.3 provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself) and except to the extent that such damage, loss, or expense is due to the fault or negligence of the party seeking indemnity.

Safety Precautions and Procedures. § 4.5.1 4.4.1 The Subcontractor shall take reasonable safety precautions with respect to performance of the Subcontract, including those precautions contained this Subcontract as required in Attachment G. The Subcontractor shall further comply with the safety measures, plans, or programs program initiated or adopted by the Contractor and/or Owner for the Project and with all applicable laws, statutes, ordinances, codes, rules, rules and regulations, and lawful orders of public authorities authorities, for the safety of persons and property, in accordance with the requirements of the Prime Contract. The Subcontractor shall notify the Contractor within twenty-four (24) hours of an injury and/or “near miss” miss (i.e., an incident that could have caused injury but for chance or interventioninjury) to an employee or agent of the Subcontractor which occurred at the site. § 4.5.2 4.4.2 If hazardous materials or substances are being used on the site by the Subcontractor, the Subcontractor’s sub-Sub- subcontractors, or anyone directly or indirectly employed by them, and they are a type of hazardous material or substance of which an employer is required by law to notify its employees, the Subcontractor shall, prior to delivery to the Project site or exposure of the Contractor, other subcontractors, and other employers on the site to such material or substance, give written notice of the chemical composition thereof to the Contractor in sufficient detail and time to permit compliance with the laws by the Contractor, other subcontractors, and other employers on the site. § 4.5.3 4.4.3 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a hazardous material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Subcontractor, the Subcontractor shall, upon recognizing the condition, immediately stop Work in the affected area and promptly report the condition to the Contractor in writing. When the material or substance has been rendered harmless, the Subcontractor’s Work in the affected area shall resume upon written agreement of the Contractor and Subcontractor, which agreement shall not be unreasonably withheld by either. Provided such relief is available under the Prime Contract to the Contractor on Subcontractor’s behalfContract, the Subcontract Time shall be extended appropriately and the Subcontract Sum shall be increased in the amount of the Subcontractor’s reasonable additional costs of demobilization, delay, and remobilization, which adjustments shall be accomplished as provided in Article 5 of these General Conditionsthis Agreement. § 4.5.4 4.4.4 The Subcontractor shall indemnify and reimburse the Contractor for the cost and expense the Contractor incurs (1) for remediation of a hazardous material or substance brought to the site and negligently handled by the Subcontractor or anyone for whom Subcontractor may be liable, or (2) where the Subcontractor fails to perform its obligations under Section 4.5.34.4.3, except to the extent that the cost and expense are due to the Contractor’s fault or negligence. § 4.5.1 The Subcontractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations performed under this Subcontract. Without limiting The Subcontractor shall not be held responsible for conditions caused by other contractors or subcontractors. § 4.5.2 As provided under Section 3.4.2, if the foregoing or Subcontractor fails to clean up as provided in the Subcontract Documents, the Contractor may charge the Subcontractor for the Subcontractor’s indemnity duties under Section 4.8 below, the Subcontractor shall, to the fullest extent permitted by law, defend, indemnify, and hold harmless the Contractor and its agents and employees from and against claims, damages, losses, and expenses, including but not limited to attorneys’ fees, expert witness’ fees, personnel appropriate share of cleanup costs, and costs of suit, arising out of or resulting from contact or exposure with or to the hazardous materials or substances contemplated under Sections 4.5.2 and/or 4.5.3 provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself) and except to the extent that such damage, loss, or expense is due to the fault or negligence of the party seeking indemnity.

Safety Precautions and Procedures. § 4.5.1 6.4.1 The Subcontractor shall take reasonable safety precautions with respect to performance of the Subcontract, including those precautions contained in Attachment G. . The Subcontractor shall further comply with the safety measures, plans, or programs measures initiated or adopted by the Contractor and/or Owner for the Project and with all applicable laws, statutes, ordinances, codes, rules, rules and regulations, and lawful orders of public authorities authorities, for the safety of persons and property, in accordance with the requirements of the Prime Contract. The Subcontractor shall notify the Contractor within twenty-four (24) hours of an injury and/or “near miss” (i.e., an incident that could have caused injury but for chance or intervention) to an employee or agent of the Subcontractor which occurred at the site. § 4.5.2 6.4.2 If hazardous materials or substances are being used on the site by the Subcontractor, the Subcontractor’s sub-Sub- subcontractors, or anyone directly or indirectly employed by them, and they are a type of hazardous material or substance of which an employer is required by law to notify its employees, the Subcontractor shall, prior to delivery to the Project site or exposure of the Contractor, other subcontractors, and other employers on the site to such material or substance, give written notice of the chemical composition thereof to the Contractor in sufficient detail and time to permit compliance with the laws by the Contractor, other subcontractors, and other employers on the site. § 4.5.3 6.4.3 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a hazardous material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Subcontractor, the Subcontractor shall, upon recognizing the condition, immediately stop Work in the affected area and promptly report the condition to the Contractor in writing. When the material or substance has been rendered harmless, the Subcontractor’s Work in the affected area shall resume upon written agreement of the Contractor and Subcontractor, which agreement shall not be unreasonably withheld by either. Provided such relief is available under the Prime Contract to the Contractor on Subcontractor’s behalf, the The Subcontract Time shall be extended appropriately and the Subcontract Sum shall be increased in the amount of the Subcontractor’s reasonable additional costs of demobilization, delay, and remobilization, which adjustments shall be accomplished as provided in Article 5 7 of these General Conditionsthis Master Agreement. § 4.5.4 6.4.4 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Subcontractor, the Subcontractor’s Sub-subcontractors, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 6.4.3 and has not been rendered harmless, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) except to the extent that such damage, loss, or expense is due to the fault or negligence of the party seeking indemnity. § 6.4.5 The Subcontractor shall reimburse the Contractor for the cost and expense the Contractor incurs (1) for remediation of a hazardous material or substance brought to the site and negligently handled by the Subcontractor or anyone for whom Subcontractor may be liable, or (2) where the Subcontractor fails to perform its obligations under Section 4.5.3, except to the extent that the cost and expense are due to the Contractor’s fault or negligence. Without limiting the foregoing or Subcontractor’s indemnity duties under Section 4.8 below, the Subcontractor shall, to the fullest extent permitted by law, defend, indemnify, and hold harmless the Contractor and its agents and employees from and against claims, damages, losses, and expenses, including but not limited to attorneys’ fees, expert witness’ fees, personnel costs, and costs of suit, arising out of or resulting from contact or exposure with or to the hazardous materials or substances contemplated under Sections 4.5.2 and/or 4.5.3 provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself) and except to the extent that such damage, loss, or expense is due to the fault or negligence of the party seeking indemnity.or

Safety Precautions and Procedures. § 4.5.1 The Subcontractor shall take reasonable safety precautions with respect to performance of the Subcontract, including those precautions contained this Subcontract as required in Attachment G. The Subcontractor shall further comply with the safety measures, plans, or programs program initiated or adopted by the Contractor and/or Owner for the Project and with all applicable laws, statutes, ordinances, codes, rules, rules and regulations, and lawful orders of public authorities authorities, for the safety of persons and property, in accordance with the requirements of the Prime Contract. The Subcontractor shall notify the Contractor within twenty-four (24) hours of an injury and/or “near miss” miss (i.e., an incident that could have caused injury but for chance or interventioninjury) to an employee or agent of the Subcontractor which occurred at the site. § 4.5.2 If hazardous materials or substances are being used on the site by the Subcontractor, the Subcontractor’s sub-Sub- subcontractors, or anyone directly or indirectly employed by them, and they are a type of hazardous material or substance of which an employer is required by law to notify its employees, the Subcontractor shall, prior to delivery to the Project site or exposure of the Contractor, other subcontractors, and other employers on the site to such material or substance, give written notice of the chemical composition thereof to the Contractor in sufficient detail and time to permit compliance with the laws by the Contractor, other subcontractors, and other employers on the site. § 4.5.3 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a hazardous material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Subcontractor, the Subcontractor shall, upon recognizing the condition, immediately stop Work in the affected area and promptly report the condition to the Contractor in writing. When the material or substance has been rendered harmless, the Subcontractor’s Work in the affected area shall resume upon written agreement of the Contractor and Subcontractor, which agreement shall not be unreasonably withheld by either. Provided such relief is available under the Prime Contract to the Contractor on Subcontractor’s behalfContract, the Subcontract Time shall be extended appropriately and the Subcontract Sum shall be increased in the amount of the Subcontractor’s reasonable additional costs of demobilization, delay, and remobilization, which adjustments shall be accomplished as provided in Article 5 of these General Conditionsthis Agreement. § 4.5.4 The Subcontractor shall indemnify and reimburse the Contractor for the cost and expense the Contractor incurs (1) for remediation of a hazardous material or substance brought to the site and negligently handled by the Subcontractor or anyone for whom Subcontractor may be liable, or (2) where the Subcontractor fails to perform its obligations under Section 4.5.34.4.3, except to the extent that the cost and expense are due to the Contractor’s fault or negligence. Without limiting the foregoing or Subcontractor’s indemnity duties under Section 4.8 below, the Subcontractor shall, to the fullest extent permitted by law, defend, indemnify, and hold harmless the Contractor and its agents and employees from and against claims, damages, losses, and expenses, including but not limited to attorneys’ fees, expert witness’ fees, personnel costs, and costs of suit, arising out of or resulting from contact or exposure with or to the hazardous materials or substances contemplated under Sections 4.5.2 and/or 4.5.3 provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself) and except to the extent that such damage, loss, or expense is due to the fault or negligence of the party seeking indemnity.

Safety Precautions and Procedures. § 4.5.1 4.3.1 The Subcontractor shall take reasonable safety precautions with respect to performance of the Subcontract, including those precautions contained in Attachment G. The Subcontractor shall further comply with the safety measures, plans, or programs measures initiated or adopted by the Contractor and/or Owner for the Project and with all applicable laws, statutes, ordinances, codes, rules, rules and regulations, and lawful orders of public authorities for the safety of persons and propertyproperty in accordance with the requirements of the Prime Contract. The Subcontractor shall notify report to the Contractor within twenty-four (24) hours of an injury and/or “near miss” (i.e., an incident that could have caused injury but for chance or intervention) to an employee or agent of the Subcontractor which occurred at the site.Contractor § 4.5.2 4.3.2 If hazardous materials or substances of a type of which an employer is required by law to notify its employees are being used on the site by the Subcontractor, the Subcontractor’s sub-subcontractors, Sub- subcontractors or anyone directly or indirectly employed by them, and they are a type of hazardous material or substance of which an employer is required by law to notify its employees, the Subcontractor shall, prior to delivery to the Project site or harmful exposure of the Contractor, other subcontractors, and other employers any employees on the site to such material or substance, give written notice of the chemical composition thereof to the Contractor in sufficient detail and time to permit compliance with the such laws by the Contractor, other subcontractors, subcontractors and other employers on the site. § 4.5.3 4.3.3 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a hazardous material or substance, including but not limited to asbestos asbestos, lead-based paint, or polychlorinated biphenyl (PCB), encountered on the site by the Subcontractor, the Subcontractor shall, upon recognizing the condition, immediately stop Work in the affected area and promptly report the condition to the Contractor in writing. When the material or substance has been rendered harmless, the Subcontractor’s Work in the affected area shall resume upon written agreement of the Contractor and Subcontractor, which agreement shall not be unreasonably withheld by either. Provided such relief is available under the Prime Contract to the Contractor on Subcontractor’s behalf, the The Subcontract Time shall be extended appropriately and the Subcontract Sum shall be increased in the amount of the Subcontractor’s reasonable additional costs of demobilization, delay, delay and remobilization, which adjustments shall be accomplished as provided in Article 5 of these General Conditionsthis Agreement. § 4.5.4 4.3.4 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Subcontractor, the Subcontractor’s Sub-subcontractors, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 4.3.3 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) except to the extent that such damage, loss or expense is due to the fault or negligence of the party seeking indemnity. 4.3.5 The Subcontractor shall reimburse indemnify the Contractor for the cost and expense the Contractor incurs (1) for remediation of a hazardous material or substance brought to the site and negligently handled by the Subcontractor or anyone for whom Subcontractor may be liable, or (2) where the Subcontractor fails to perform its obligations under Section 4.5.34.3.3, except to the extent that the cost and expense are due to the Contractor’s fault or negligence. Without limiting the foregoing or Subcontractor’s indemnity duties under Section 4.8 below, the Subcontractor shall, to the fullest extent permitted by law, defend, indemnify, and hold harmless the Contractor and its agents and employees from and against claims, damages, losses, and expenses, including but not limited to attorneys’ fees, expert witness’ fees, personnel costs, and costs of suit, arising out of or resulting from contact or exposure with or to the hazardous materials or substances contemplated under Sections 4.5.2 and/or 4.5.3 provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself) and except to the extent that such damage, loss, or expense is due to the fault or negligence of the party seeking indemnity.

Safety Precautions and Procedures. § 4.5.1 4.3.1 The Subcontractor shall take reasonable safety precautions with respect to performance of the this Subcontract, including those precautions contained in Attachment G. The Subcontractor shall further comply with the safety measures, plans, or programs measures initiated or adopted by the Contractor and/or Owner for the Project and with all applicable laws, statutes, ordinances, codes, rules, rules and regulations, and lawful orders of public authorities for the safety of persons and propertyproperty in accordance with the requirements of the Prime Contract. The Subcontractor shall notify report to the Contractor within twenty-four (24) hours of three days an injury and/or “near miss” (i.e., an incident that could have caused injury but for chance or intervention) to an employee or agent of the Subcontractor which occurred at the site. § 4.5.2 4.3.2 If hazardous materials or substances of a type of which an employer is required by law to notify its employees are being used on the site by the Subcontractor, the Subcontractor’s subSub-subcontractors, subcontractors or anyone directly or indirectly employed by them, and they are a type of hazardous material or substance of which an employer is required by law to notify its employees, the Subcontractor shall, prior to delivery to the Project site or harmful exposure of the Contractor, other subcontractors, and other employers any employees on the site to such material or substance, give written notice of the chemical composition thereof to the Contractor in sufficient detail and time to permit compliance with the such laws by the Contractor, other subcontractors, subcontractors and other employers on the site. § 4.5.3 4.3.3 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a hazardous material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Subcontractor, the Subcontractor shall, upon recognizing the condition, immediately stop Work in the affected area and promptly report the condition to the Contractor in writing. When the material or substance has been rendered harmless, the Subcontractor’s Work in the affected area shall resume upon written agreement of the Contractor and Subcontractor, which agreement shall not be unreasonably withheld by either. Provided such relief is available under the Prime Contract to the Contractor on Subcontractor’s behalf, the The Subcontract Time shall be extended appropriately and the § 4.3.4 To the Subcontract Sum fullest extent permitted by law, the Contractor shall be increased in indemnify and hold harmless the amount of Subcontractor, the Subcontractor’s reasonable additional costs of demobilization, delaySub-subcontractors, and remobilization, which adjustments shall be accomplished as provided in Article 5 agents and employees of these General Conditions.any of them from and against claims, § 4.5.4 4.3.5 The Subcontractor shall reimburse indemnify the Contractor for the cost and expense the Contractor incurs (1) for remediation of a hazardous material or substance brought to the site and negligently handled by the Subcontractor or anyone for whom Subcontractor may be liable, or (2) where the Subcontractor fails to perform its obligations under Section 4.5.34.3.3, except to the extent that the cost and expense are due to the Contractor’s fault or negligence. Without limiting the foregoing or Subcontractor’s indemnity duties under Section 4.8 below, the Subcontractor shall, to the fullest extent permitted by law, defend, indemnify, and hold harmless the Contractor and its agents and employees from and against claims, damages, losses, and expenses, including but not limited to attorneys’ fees, expert witness’ fees, personnel costs, and costs of suit, arising out of or resulting from contact or exposure with or to the hazardous materials or substances contemplated under Sections 4.5.2 and/or 4.5.3 provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself) and except to the extent that such damage, loss, or expense is due to the fault or negligence of the party seeking indemnity.

Safety Precautions and Procedures. § 4.5.1 §4.3.1 The Subcontractor shall take reasonable safety precautions with respect to performance of the this Subcontract, including those precautions contained in Attachment G. The Subcontractor shall further comply with the safety measures, plans, or programs measures initiated or adopted by the Contractor and/or Owner for the Project and with all applicable laws, statutes, ordinances, codes, rules, regulations, regulations and lawful orders of public authorities for the safety of persons and propertyproperty in accordance with the requirements of the Prime Contract. The Subcontractor shall notify report to the Contractor within twenty-four (24) hours of three days an injury and/or “near miss” (i.e., an incident that could have caused injury but for chance or intervention) to an employee or agent of the Subcontractor which occurred at the site. § 4.5.2 §4.3.2 If hazardous materials or substances of a type of which an employer is required by law to notify its employees are being used on the site by the Subcontractor, the Subcontractor’s sub's Sub-subcontractors, subcontractors or anyone directly or indirectly employed by them, and they are a type of hazardous material or substance of which an employer is required by law to notify its employees, the Subcontractor shall, prior to delivery to the Project site or harmful exposure of the Contractor, other subcontractors, and other employers any employees on the site to such material or substance, give written notice of the chemical composition thereof to the Contractor in sufficient detail and time to permit compliance with the such laws by the Contractor, other subcontractors, subcontractors and other employers on the site. § 4.5.3 §4.3.3 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a hazardous material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Subcontractor, the Subcontractor shall, upon recognizing the condition, immediately stop Work in the affected area and promptly report the condition to the Contractor in writing. When the material or substance has been rendered harmless, the Subcontractor’s 's Work in the affected area shall resume upon written agreement of the Contractor and Subcontractor, which agreement shall not be unreasonably withheld by either. Provided such relief is available under the Prime Contract to the Contractor on Subcontractor’s behalf, the The Subcontract Time shall be extended appropriately and the Subcontract Sum shall be increased in the amount of the Subcontractor’s 's reasonable additional costs of demobilization, delay, delay and remobilization, which adjustments shall be accomplished as provided in Article 5 of these General Conditionsthis Agreement. § 4.5.4 The Subcontractor shall reimburse the Contractor for the cost and expense the Contractor incurs (1) for remediation of a hazardous material or substance brought to the site and negligently handled by the Subcontractor or anyone for whom Subcontractor may be liable, or (2) where the Subcontractor fails to perform its obligations under Section 4.5.3, except to the extent that the cost and expense are due to the Contractor’s fault or negligence. Without limiting the foregoing or Subcontractor’s indemnity duties under Section 4.8 below, the Subcontractor shall, to §4.3.4 To the fullest extent permitted by law, defend, indemnify, the Contractor shall indemnify and hold harmless the Contractor Subcontractor, the Subcontractor's Sub-subcontractors, and its agents and employees of any of them from and against claims, damages, losses, losses and expenses, including but not limited to attorneys’ ' fees, expert witness’ fees, personnel costs, and costs of suit, arising out of or resulting from contact performance of the Work in the affected area if in fact the material or exposure with substance presents the risk of bodily injury or to the hazardous materials or substances contemplated under Sections 4.5.2 and/or 4.5.3 death as described in Section 4.3.3 and has not been rendered harmless, provided that such claim, damage, loss, loss or expense is attributable to bodily injury, sickness, disease, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including loss of use resulting there from and provided that such damage, loss or expense is not due to the sole negligence of a party seeking indemnity. §4.3.5 The Subcontractor shall indemnify the Contractor for the cost and expense the Contractor incurs (1) for remediation of a material or substance brought to the site and negligently handled by the Subcontractor or (2) where the Subcontractor fails to perform its obligations under Section 4.3.3, except to the extent that such damage, loss, or the cost and expense is are due to the Contractor?s fault or negligence of the party seeking indemnitynegligence.

Safety Precautions and Procedures. § 4.5.1 The Subcontractor shall take reasonable safety precautions with respect to performance of the Subcontract, including those precautions contained this Subcontract as required in Attachment G. The Subcontractor shall further comply with the safety measures, plans, or programs program initiated or adopted by the Contractor and/or Owner for the Project and with all applicable laws, statutes, ordinances, codes, rules, rules and regulations, and lawful orders of public authorities authorities, for the safety of persons and property, in accordance with the requirements of the Prime Contract. The Subcontractor shall notify the Contractor within twenty-four (24) hours of an injury and/or “near miss” miss (i.e., an incident that could have caused injury but for chance or interventioninjury) to an employee or agent of the Subcontractor which occurred at the site. § 4.5.2 If hazardous materials or substances are being used on the site by the Subcontractor, the Subcontractor’s sub-Sub- subcontractors, or anyone directly or indirectly employed by them, and they are a type of hazardous material or substance of which an employer is required by law to notify its employees, the Subcontractor shall, prior to delivery to the Project site or exposure of the Contractor, other subcontractors, and other employers on the site to such material or substance, give written notice of the chemical composition thereof to the Contractor in sufficient detail and time to permit compliance with the laws by the Contractor, other subcontractors, and other employers on the site. § 4.5.3 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a hazardous material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Subcontractor, the Subcontractor shall, upon recognizing the condition, immediately stop Work in the affected area and promptly report the condition to the Contractor in writing. When the material or substance has been rendered harmless, the Subcontractor’s Work in the affected area shall resume upon written agreement of the Contractor and Subcontractor, which agreement shall not be unreasonably withheld by either. Provided such relief is available under the Prime Contract to the Contractor on Subcontractor’s behalfContract, the Subcontract Time shall be extended appropriately and the Subcontract Sum shall be increased in the amount of the Subcontractor’s reasonable additional costs of demobilization, delay, and remobilization, which adjustments shall be accomplished as provided in Article 5 of these General Conditionsthis Agreement. § 4.5.4 The Subcontractor shall reimburse the Contractor for the cost and expense the Contractor incurs (1) for remediation of a hazardous material or substance brought to the site and negligently handled by the Subcontractor or anyone for whom Subcontractor may be liable, or (2) where the Subcontractor fails to perform its obligations under Section 4.5.3, except to the extent that the cost and expense are due to the Contractor’s fault or negligence. Without limiting the foregoing or Subcontractor’s indemnity duties under Section 4.8 below, the Subcontractor shall, to the fullest extent permitted by law, defend, indemnify, and hold harmless the Contractor and its agents and employees from and against claims, damages, losses, and expenses, including but not limited to attorneys’ fees, expert witness’ fees, personnel costs, and costs of suit, arising out of or resulting from contact or exposure with or to the hazardous materials or substances contemplated under Sections 4.5.2 and/or 4.5.3 provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself) and except to the extent that such damage, loss, or expense is due to the fault or negligence of the party seeking indemnity.indemnify and

Safety Precautions and Procedures. § 4.5.1 6.4.1 The Subcontractor shall take reasonable safety precautions with respect to performance of the Subcontract, including those precautions contained in Attachment G. . The Subcontractor shall further comply with the safety measures, plans, or programs measures initiated or adopted by the Contractor and/or Owner for the Project and with all applicable laws, statutes, ordinances, codes, rules, rules and regulations, and lawful orders of public authorities authorities, for the safety of persons and property, in accordance with the requirements of the Prime Contract, as defined in a Work Order. The Subcontractor shall notify the Contractor within twenty-four (24) hours immediately of an any injury and/or “near miss” (i.e., an or incident that could have caused injury but for chance or intervention) to an employee or agent of the Subcontractor which occurred at the site. Subcontractor shall further comply with all requirements included in Exhibit 4 - Safety Addendum and Exhibit 2 – Subcontractor General Scope Requirements. § 4.5.2 6.4.2 If hazardous materials or substances are being used on the site by the Subcontractor, the Subcontractor’s subSub-subcontractors, or anyone directly or indirectly employed by them, and they are a type of hazardous material or substance of which an employer is required by law to notify its employees, the Subcontractor shall, prior to delivery to the Project site or exposure of the Contractor, other subcontractors, and other employers on the site to such material or substance, give written notice of the chemical composition thereof to the Contractor in sufficient detail and time to permit compliance with the laws by the Contractor, other subcontractors, and other employers on the site. § 4.5.3 6.4.3 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a hazardous material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Subcontractor, the Subcontractor shall, upon recognizing the condition, immediately stop Work in the affected area and promptly report the condition to the Contractor in writing. When the material or substance has been rendered harmless, the Subcontractor’s Work in the affected area shall resume upon written agreement of the Contractor and Subcontractor, which agreement shall not be unreasonably withheld by either. Provided such relief is available under the Prime Contract to the Contractor on Subcontractor’s behalf, the The Subcontract Time shall be extended appropriately and the Subcontract Sum shall be increased in the amount of the Subcontractor’s reasonable additional costs of demobilization, delay, and remobilization, which adjustments shall be accomplished as provided in Article 5 7 of these General Conditionsthis Master Agreement. § 4.5.4 6.4.4 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Subcontractor, the Subcontractor’s Sub-subcontractors, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 6.4.3 and has not been rendered harmless, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible § 6.4.5 The Subcontractor shall reimburse the Contractor for the cost and expense the Contractor incurs (1) for remediation of a hazardous material or substance brought to the site and negligently handled by the Subcontractor or anyone for whom Subcontractor may be liable, or (2) where the Subcontractor fails to perform its obligations under Section 4.5.36.4.3, except to the extent that the cost and expense are due to the Contractor’s fault or negligence. Without limiting the foregoing or Subcontractor’s indemnity duties under Section 4.8 below, the Subcontractor shall, to the fullest extent permitted by law, defend, indemnify, and hold harmless the Contractor and its agents and employees from and against claims, damages, losses, and expenses, including but not limited to attorneys’ fees, expert witness’ fees, personnel costs, and costs of suit, arising out of or resulting from contact or exposure with or to the hazardous materials or substances contemplated under Sections 4.5.2 and/or 4.5.3 provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself) and except to the extent that such damage, loss, or expense is due to the fault or negligence of the party seeking indemnity.

Safety Precautions and Procedures. § 4.5.1 4.4.1 The Subcontractor shall take reasonable safety precautions with respect to performance of the this Subcontract, including those precautions contained in Attachment G. . The Subcontractor shall further comply with the safety measures, plans, or programs measures initiated or adopted by the Contractor and/or Owner for the Project and with all applicable laws, statutes, ordinances, codes, rules, rules and regulations, and lawful orders of public authorities authorities, for the safety of persons and property, in accordance with the requirements of the Prime Contract. The Subcontractor shall notify the Contractor within twenty-four (24) hours three days of an injury and/or “near miss” (i.e., an incident that could have caused injury but for chance or intervention) to an employee or agent of the Subcontractor which occurred at the site. § 4.5.2 4.4.2 If hazardous materials or substances are being used on the site by the Subcontractor, the Subcontractor’s subSub-subcontractors, or anyone directly or indirectly employed by them, and they are a type of hazardous material or substance of which an employer is required by law to notify its employees, the Subcontractor shall, prior to delivery to the Project site or exposure of the Contractor, other subcontractors, and other employers on the site to such material or substance, give written notice of the chemical composition thereof to the Contractor in sufficient detail and time to permit compliance with the laws by the Contractor, other subcontractors, and other employers on the site.or § 4.5.3 4.4.3 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a hazardous material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Subcontractor, the Subcontractor shall, upon recognizing the condition, immediately stop Work in the affected area and promptly report the condition to the Contractor in writing. When the material or substance has been rendered harmless, the Subcontractor’s Work in the affected area shall resume upon written agreement of the Contractor and Subcontractor, which agreement shall not be unreasonably withheld by either. Provided such relief is available under the Prime Contract to the Contractor on Subcontractor’s behalf, the The Subcontract Time shall be extended appropriately and the § 4.4.4 To the Subcontract Sum fullest extent permitted by law, the Contractor shall be increased in indemnify and hold harmless the amount of Subcontractor, the Subcontractor’s reasonable additional costs of demobilization, delaySub-subcontractors, and remobilizationagents and employees of any of them from and against claims, which adjustments shall be accomplished as provided in Article 5 of these General Conditions.damages, § 4.5.4 4.4.5 The Subcontractor shall reimburse the Contractor for the cost and expense the Contractor incurs (1) for remediation of a hazardous material or substance brought to the site and negligently handled by the Subcontractor or anyone for whom Subcontractor may be liable, or (2) where the Subcontractor fails to perform its obligations under Section 4.5.3, except to the extent that the cost and expense are due to the Contractor’s fault or negligence. Without limiting the foregoing or Subcontractor’s indemnity duties under Section 4.8 below, the Subcontractor shall, to the fullest extent permitted by law, defend, indemnify, and hold harmless the Contractor and its agents and employees from and against claims, damages, losses, and expenses, including but not limited to attorneys’ fees, expert witness’ fees, personnel costs, and costs of suit, arising out of or resulting from contact or exposure with or to the hazardous materials or substances contemplated under Sections 4.5.2 and/or 4.5.3 provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself) and except to the extent that such damage, loss, or expense is due to the fault or negligence of the party seeking indemnity.or

Safety Precautions and Procedures. § 4.5.1 4.3.1 The Subcontractor shall take reasonable safety precautions with respect to performance of the this Subcontract, including those precautions contained in Attachment G. The Subcontractor shall further comply with the safety measures, plans, or programs measures initiated or adopted by the Contractor and/or Owner for the Project and with all applicable laws, statutes, ordinances, codes, rules, rules and regulations, and lawful orders of public authorities for the safety of persons and propertyproperty in accordance with the requirements of the Prime Contract. The Subcontractor shall notify report to the Contractor within twenty-four (24) hours of three days an injury and/or “near miss” (i.e., an incident that could have caused injury but for chance or intervention) to an employee or agent of the Subcontractor which occurred at the site. § 4.5.2 4.3.2 If hazardous materials or substances of a type of which an employer is required by law to notify its employees are being used on the site by the Subcontractor, the Subcontractor’s subSub-subcontractors, subcontractors or anyone directly or indirectly employed by them, and they are a type of hazardous material or substance of which an employer is required by law to notify its employees, the Subcontractor shall, prior to delivery to the Project site or harmful exposure of the Contractor, other subcontractors, and other employers any employees on the site to such material or substance, give written notice of the chemical composition thereof to the Contractor in sufficient detail and time to permit compliance with the such laws by the Contractor, other subcontractors, subcontractors and other employers on the site. § 4.5.3 4.3.3 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a hazardous material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Subcontractor, the Subcontractor shall, upon recognizing the condition, immediately stop Work in the affected area and promptly report the condition to the Contractor in writing. When the material or substance has been rendered harmless, the Subcontractor’s Work in the affected area shall resume upon written agreement of the Contractor and Subcontractor, which agreement shall not be unreasonably withheld by either. Provided such relief is available under the Prime Contract to the Contractor on Subcontractor’s behalf, the The Subcontract Time shall be extended appropriately and the Subcontract Sum shall be increased in the amount of the Subcontractor’s reasonable additional costs of demobilization, delay, delay and remobilization, which adjustments shall be accomplished as provided in Article 5 of these General Conditionsthis Agreement. § 4.5.4 4.3.4 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Subcontractor, the Subcontractor’s Sub-subcontractors, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 4.3.3 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to § 4.3.5 The Subcontractor shall reimburse indemnify the Contractor for the cost and expense the Contractor incurs (1) for remediation of a hazardous material or substance brought to the site and negligently handled by the Subcontractor or anyone for whom Subcontractor may be liable, or (2) where the Subcontractor fails to perform its obligations under Section 4.5.34.3.3, except to the extent that the cost and expense are due to the Contractor’s fault or negligence. Without limiting the foregoing or Subcontractor’s indemnity duties under Section 4.8 below, the Subcontractor shall, to the fullest extent permitted by law, defend, indemnify, and hold harmless the Contractor and its agents and employees from and against claims, damages, losses, and expenses, including but not limited to attorneys’ fees, expert witness’ fees, personnel costs, and costs of suit, arising out of or resulting from contact or exposure with or to the hazardous materials or substances contemplated under Sections 4.5.2 and/or 4.5.3 provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself) and except to the extent that such damage, loss, or expense is due to the fault or negligence of the party seeking indemnity.

Safety Precautions and Procedures. § 4.5.1 4.3.1. The Subcontractor shall be primarily responsible for the safety of its own employees and its sub- subcontractor's employees. The Subcontractor shall take reasonable safety precautions with respect to performance of the this Subcontract, including those precautions contained in Attachment G. The Subcontractor shall further comply with the safety measures, plans, or programs measures initiated or adopted by the Contractor and/or Owner for the Project and with all applicable laws, statutes, ordinances, codes, rules, regulations, regulations and lawful orders of public authorities for the safety Safety of persons and propertyproperty in accordance with the requirements of the Prime Contract. The Subcontractor shall notify immediately (and no later than 24 hours) report to the Contractor within twenty-four (24) hours of an injury and/or “near miss” (i.e., an incident that could have caused injury but for chance or intervention) to an employee or agent of the Subcontractor which occurred occurs at the site. § 4.5.2 4.3.1.1. The Subcontractor shall at all times comply with all federal, state and local rules and regulations pertaining to safety and/or the maintenance of a safe worksite. The Subcontractor shall familiarize its supervisory employees with the Contractor’s general safety program for the Work. Copies of the Contractor's written safety program shall be available for review at all times by the Subcontractor at the jobsite and at the Contractor's home office. The Subcontractor shall designate in writing at the start of the project its competent on-site safety representative. 4.3.2. If hazardous materials or substances are being used on the site by the Subcontractorsubstances, the Subcontractor’s sub-subcontractors, or anyone directly or indirectly employed by them, and they are of a type of hazardous material or substance use of which an employer is required by law to notify its employees, are being used or to be used on the site by the Subcontractor, the Subcontractor's Sub-subcontractors or anyone directly or indirectly employed by them, the Subcontractor shall, prior to delivery to the Project site or exposure use of the Contractor, other subcontractors, and other employers such substance by any employees on the site to such material or substancesite, give written notice of the chemical composition thereof to the Contractor in sufficient detail and time to permit compliance with the such laws by the Contractor, other subcontractors, subcontractors and other employers on the site. § 4.5.3 4.3.3. If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a hazardous material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Subcontractor, the Subcontractor shall, upon recognizing the condition, immediately stop Work in the affected area and promptly report the condition to the Contractor in writing. When the material or substance has been rendered harmless, the Subcontractor’s 's Work in the affected area shall resume upon written agreement of the Contractor and Subcontractor, which agreement shall not be unreasonably withheld by either. Provided such relief is available under the Prime Contract to the Contractor on Subcontractor’s behalf, the Subcontract Time shall be extended appropriately and the Subcontract Sum shall be increased in the amount of the Subcontractor’s reasonable additional costs of demobilization, delay, and remobilization, which adjustments shall be accomplished as provided in Article 5 of these General Conditions. § 4.5.4 The Subcontractor shall reimburse the Contractor for the cost and expense the Contractor incurs (1) for remediation of a hazardous material or substance brought to the site and negligently handled by the Subcontractor or anyone for whom Subcontractor may be liable, or (2) where the Subcontractor fails to perform its obligations under Section 4.5.3, except to the extent that the cost and expense are due to the Contractor’s fault or negligence. Without limiting the foregoing or Subcontractor’s indemnity duties under Section 4.8 below, the Subcontractor shall, to the fullest extent permitted by law, defend, indemnify, and hold harmless the Contractor and its agents and employees from and against claims, damages, losses, and expenses, including but not limited to attorneys’ fees, expert witness’ fees, personnel costs, and costs of suit, arising out of or resulting from contact or exposure with or to the hazardous materials or substances contemplated under Sections 4.5.2 and/or 4.5.3 provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself) and except to the extent that such damage, loss, or expense is due to the fault or negligence of the party seeking indemnity.

Safety Precautions and Procedures. § 4.5.1 The Subcontractor shall take reasonable safety precautions with respect to performance of the Subcontract, including those precautions contained this Subcontract as required in Attachment G. The Subcontractor shall further comply with the safety measures, plans, or programs program initiated or adopted by the Contractor and/or Owner for the Project and with all applicable laws, statutes, ordinances, codes, rules, rules and regulations, and lawful orders of public authorities authorities, for the safety of persons and property, in accordance with the requirements of the Prime Contract. The Subcontractor shall notify the Contractor within twenty-four (24) hours of an injury and/or “near miss” miss (i.e., an incident that could have caused injury but for chance or interventioninjury) to an employee or agent of the Subcontractor which occurred at the site. § 4.5.2 If hazardous materials or substances are being used on the site by the Subcontractor, the Subcontractor’s sub-Sub- subcontractors, or anyone directly or indirectly employed by them, and they are a type of hazardous material or substance of which an employer is required by law to notify its employees, the Subcontractor shall, prior to delivery to the Project site or exposure of the Contractor, other subcontractors, and other employers on the site to such material or substance, give written notice of the chemical composition thereof to the Contractor in sufficient detail and time to permit compliance with the laws by the Contractor, other subcontractors, and other employers on the site. § 4.5.3 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a hazardous material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Subcontractor, the Subcontractor shall, upon recognizing the condition, immediately stop Work in the affected area and promptly report the condition to the Contractor in writing. When the material or substance has been rendered harmless, the Subcontractor’s Work in the affected area shall resume upon written agreement of the Contractor and Subcontractor, which agreement shall not be unreasonably withheld by either. Provided such relief is available under the Prime Contract to the Contractor on Subcontractor’s behalfContract, the Subcontract Time shall be extended appropriately and the Subcontract Sum shall be increased in the amount of the Subcontractor’s reasonable additional costs of demobilization, delay, and remobilization, which adjustments shall be accomplished as provided in Article 5 of these General Conditionsthis Agreement. § 4.5.4 The Subcontractor shall indemnify and reimburse the Contractor for the cost and expense the Contractor incurs (1) for remediation of a hazardous material or substance brought to the site and negligently handled by the Subcontractor or anyone for whom Subcontractor may be liable, or (2) where the Subcontractor fails to perform its obligations under Section 4.5.34.4.3, except to the extent that the cost and expense are due to the Contractor’s fault or negligence. Without limiting the foregoing or Subcontractor’s indemnity duties under Section 4.8 below, the Subcontractor shall, to the fullest extent permitted by law, defend, indemnify, and hold harmless the Contractor and its agents and employees from and against claims, damages, losses, and expenses, including but not limited to attorneys’ fees, expert witness’ fees, personnel costs, and costs on of suit, arising out of or resulting from contact or exposure with or to the hazardous materials or substances contemplated under Sections 4.5.2 and/or 4.5.3 provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself) and except to the extent that such damage, loss, or expense is due to the fault or negligence of the party seeking indemnity.was

Safety Precautions and Procedures. § 4.5.1 4.4.1 The Subcontractor shall take reasonable safety precautions with respect to performance of the this Subcontract, including those precautions contained in Attachment G. . The Subcontractor shall further comply with the safety measures, plans, or programs measures initiated or adopted by the Contractor and/or Owner for the Project and with all applicable laws, statutes, ordinances, codes, rules, rules and regulations, and lawful orders of public authorities authorities, for the safety of persons and property, in accordance with the requirements of the Prime Contract. The Subcontractor shall notify the Contractor within twenty-four (24) hours three days of an injury and/or “near miss” (i.e., an incident that could have caused injury but for chance or intervention) to an employee or agent of the Subcontractor which occurred at the site. § 4.5.2 4.4.2 If hazardous materials or substances are being used on the site by the Subcontractor, the Subcontractor’s subSub-subcontractors, or anyone directly or indirectly employed by them, and they are a type of hazardous material or substance of which an employer is required by law to notify its employees, the Subcontractor shall, prior to delivery to the Project site or exposure of the Contractor, other subcontractors, and other employers on the site to such material or substance, give written notice of the chemical composition thereof to the Contractor in sufficient detail and time to permit compliance with the laws by the Contractor, other subcontractors, and other employers on the site. § 4.5.3 4.4.3 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a hazardous material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Subcontractor, the Subcontractor shall, upon recognizing the condition, immediately stop Work in the affected area and promptly report the condition to the Contractor in writing. When the material or substance has been rendered harmless, the Subcontractor’s Work in the affected area shall resume upon written agreement of the Contractor and Subcontractor, which agreement shall not be unreasonably withheld by either. Provided such relief is available under the Prime Contract to the Contractor on Subcontractor’s behalf, the The Subcontract Time shall be extended appropriately and the Subcontract Sum shall be increased in the amount of the Subcontractor’s reasonable additional costs of demobilization, delay, and remobilization, which adjustments shall be accomplished as provided in Article 5 of these General Conditionsthis Agreement. § 4.5.4 4.4.4 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Subcontractor, the Subcontractor’s Sub-subcontractors, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 4.4.3 and has not been rendered harmless, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) except to the extent that such damage, loss, or expense is due to the fault or negligence of the party seeking indemnity. However, liability of the Contractor for this indemnity shall be limited to the amount, if any, the Contractor recovers from the Owner under the General Conditions of this Agreement or to the amount, if any, that the Contractor recovers from other subcontractors or suppliers as a condition precedent to this indemnity liability. § 4.4.5 The Subcontractor shall reimburse the Contractor for the cost and expense the Contractor incurs (1) for remediation of a hazardous material or substance brought to the site and negligently handled by the Subcontractor or anyone for whom Subcontractor may be liable, or (2) where the Subcontractor fails to perform its obligations under Section 4.5.3, except to the extent that the cost and expense are due to the Contractor’s fault or negligence. Without limiting the foregoing or Subcontractor’s indemnity duties under Section 4.8 below, the Subcontractor shall, to the fullest extent permitted by law, defend, indemnify, and hold harmless the Contractor and its agents and employees from and against claims, damages, losses, and expenses, including but not limited to attorneys’ fees, expert witness’ fees, personnel costs, and costs of suit, arising out of or resulting from contact or exposure with or to the hazardous materials or substances contemplated under Sections 4.5.2 and/or 4.5.3 provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself) and except to the extent that such damage, loss, or expense is due to the fault or negligence of the party seeking indemnity.or

Safety Precautions and Procedures. § 4.5.1 4.4.1 The Subcontractor shall take reasonable safety precautions with respect to performance of the this Subcontract, including those precautions contained in Attachment G. . The Subcontractor shall further comply with the safety measures, plans, or programs measures initiated or adopted by the Contractor and/or Owner for the Project and with all applicable laws, statutes, ordinances, codes, rules, rules and regulations, and lawful orders of public authorities authorities, for the safety of persons and property, in accordance with the requirements of the Prime Contract. The Subcontractor shall notify the Contractor within twenty-four (24) hours three days of an injury and/or “near miss” (i.e., an incident that could have caused injury but for chance or intervention) to an employee or agent of the Subcontractor which occurred at the site. § 4.5.2 4.4.2 If hazardous materials or substances are being used on the site by the Subcontractor, the Subcontractor’s subSub-subcontractors, or anyone directly or indirectly employed by them, and they are a type of hazardous material or substance of which an employer is required by law to notify its employees, the Subcontractor shall, prior to delivery to the Project site or exposure of the Contractor, other subcontractors, and other employers on the site to such material or substance, give written notice of the chemical composition thereof to the Contractor in sufficient detail and time to permit compliance with the laws by the Contractor, other subcontractors, and other employers on the site.or § 4.5.3 4.4.3 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a hazardous material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Subcontractor, the Subcontractor shall, upon recognizing the condition, immediately stop immediately § 4.4.4 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Subcontractor, the Subcontractor’s Sub-subcontractors, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work in the affected area and promptly report the condition to the Contractor if in writing. When fact the material or substance presents the risk of bodily injury or death as described in Section 4.4.3 and has not been rendered harmless, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Subcontractor’s Work in itself) except to the affected area shall resume upon written agreement extent that such damage, loss, or expense is due to the fault or negligence of the Contractor and Subcontractor, which agreement shall not be unreasonably withheld by either. Provided such relief is available under the Prime Contract to the Contractor on Subcontractor’s behalf, the Subcontract Time shall be extended appropriately and the Subcontract Sum shall be increased in the amount of the Subcontractor’s reasonable additional costs of demobilization, delay, and remobilization, which adjustments shall be accomplished as provided in Article 5 of these General Conditionsparty seeking indemnity. § 4.5.4 4.4.5 The Subcontractor shall reimburse the Contractor for the cost and expense the Contractor incurs (1) for remediation of a hazardous material or substance brought to the site and negligently handled by the Subcontractor or anyone for whom Subcontractor may be liable, or (2) where the Subcontractor fails to perform its obligations under Section 4.5.3, except to the extent that the cost and expense are due to the Contractor’s fault or negligence. Without limiting the foregoing or Subcontractor’s indemnity duties under Section 4.8 below, the Subcontractor shall, to the fullest extent permitted by law, defend, indemnify, and hold harmless the Contractor and its agents and employees from and against claims, damages, losses, and expenses, including but not limited to attorneys’ fees, expert witness’ fees, personnel costs, and costs of suit, arising out of or resulting from contact or exposure with or to the hazardous materials or substances contemplated under Sections 4.5.2 and/or 4.5.3 provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself) and except to the extent that such damage, loss, or expense is due to the fault or negligence of the party seeking indemnity.or