Common use of SAFETY PRECAUTIONS AND PROGRAMS Clause in Contracts

SAFETY PRECAUTIONS AND PROGRAMS. 14.2.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall, within thirty (30) Days of the date of this Agreement, submit to MSG for review a comprehensive safety and fire prevention program for the Site consistent with the Standard or Care and Applicable Law (the “Safety Program”). Contractor shall incorporate into such safety and fire prevention program all reasonable comments and changes proposed by MSG or Project Manager. 14.2.2 Contractor shall monitor and have overall responsibility for the compliance of its employees, Subcontractors, and any other Persons on the Site with: (a) the Safety Program; and (b) all applicable regulatory and advisory agency construction safety standards of any Governmental Authority. 14.2.3 Contractor shall take all reasonable precautions for the safety of: 14.2.3.1 all Persons involved in performing, overseeing or supervising performance of the Work, all Persons on the Site and all other Persons who may be affected thereby; 14.2.3.2 all owners and tenants of Adjacent Property, and their patrons, employees and other invitees, and 14.2.4 Contractor is responsible for the care of the Work until Substantial Completion is achieved, as evidenced by a Certificate of Substantial Completion, and thereafter for the care of outstanding Work and items to be removed from the Site, and for any damage caused by Contractor or a Subcontractor in the course of completing their obligations under this Agreement. Nothing herein is intended to deprive the Parties of their rights to recover the proceeds of any applicable insurance. Contractor shall provide all reasonable protection to prevent damage, injury or loss from the Work to: 14.2.4.1 all of the Work, whether in storage on or off the Site, under the care, custody or control of Contractor or any of Contractor’s Subcontractors; 14.2.4.2 other property at the Site or on Adjacent Property, including trees, shrubs, lawns, walks, pavements, roadways, structures, buildings and utilities not designated for removal, relocation or replacement in the course of construction; and 14.2.4.3 the work of MSG or Separate Contractors. 14.2.5 Contractor shall give all notices and comply with all Applicable Laws bearing on the safety of Persons or property or their protection from damage, injury or loss. 14.2.6 Contractor shall erect and maintain, as required by existing conditions and the progress of the Work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. Contractor shall not perform the Work in a manner that would disrupt or otherwise interfere with the operation of any pipeline, telephone line, electronic transmission line or other structure which may be on the Site or Adjacent Property. 14.2.7 Contractor shall promptly remedy all damage or loss to any property or Work referred to in Sections 14.2.4 caused by any Contractor Party, except damage or loss attributable to the acts or omissions of MSG, Architect, Project Manager, Separate Contractors or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. The foregoing obligations of Contractor are in addition to Contractor’s obligations under Article 15. Nothing in this Section 14.2.7 is intended to deprive Contractor of its insurance rights or other recovery rights, if any, under the Contract Documents. 14.2.8 Contractor shall designate a responsible and qualified member of Contractor’s organization at the Site whose sole duty shall be the manager of the Safety Program. 14.2.9 Contractor shall report in writing to MSG, Project Manager and other MSG personnel as may be directed by MSG from time to time, all accidents arising out of or in connection with the Work which cause death, personal injury or property damage, giving full details and statements of witnesses. Contractor shall submit its report to MSG and Project Manager within three (3) Days after the occurrence. In addition, if death or serious personal injuries or serious property damage are caused, the accident shall be reported immediately by telephone or messenger to MSG and Project Manager. 14.2.10 Contractor shall review the safety programs of each of the Subcontractors to make sure they comply with the Safety Program. The performance of such services by Contractor shall not relieve Subcontractor of its responsibility for the safety of persons and property, and for any compliance with all Applicable Laws. Contractor is responsible for any and all the safety issues relating to the Work on the Project by Contractor and its Subcontractors, including any personal injuries or death. Contractor shall administer and manage the safety program. This will include, but not necessarily be limited to review of the safety programs of each Subcontractor. Contractor shall monitor the establishment and execution of effective safety practices then known to the industry, as applicable to Work on this Project, and the compliance with all applicable regulatory and advisory agency construction safety standards. As between Contractor and its Subcontractors, Contractor’s responsibility for review, monitoring and coordination of its Subcontractors’ safety programs shall not extend to direct control over execution of the Subcontractors’ safety programs. Notwithstanding Contractor’s safety obligations to MSG, it is agreed and understood that each individual Subcontractor shall remain the controlling employer responsible for the safety programs and precautions applicable to the work of its own employees and the activities of employees of other contractors in areas designated to be controlled by such Subcontractor; provided, however, that nothing herein shall reduce or impact Contractor’s responsibility with respect to MSG for safety in the performance of the Work. 14.2.11 Any suspension of Work by MSG related to Contractor’s failure to comply with its safety obligations set forth under Section 14.2, including the failure of any individual to comply with the Contractor’s Safety Program, shall be considered a suspension for cause.

SAFETY PRECAUTIONS AND PROGRAMS. 14.2.1 10.1.1. Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall, within thirty (30) Days performance of the date of this Agreement, submit to MSG for review a comprehensive safety and fire prevention program for the Site consistent with the Standard or Care and Applicable Law (the “Safety Program”)Contract. 10.1.2. Contractor shall incorporate into such safety and fire prevention program all reasonable comments and changes proposed by MSG or Project Manager. 14.2.2 Contractor shall monitor and have overall responsibility for the compliance of its employees, Subcontractors, and any other Persons on the Site with: (a) the Safety Program; and (b) all applicable regulatory and advisory agency construction safety standards of any Governmental Authority. 14.2.3 Contractor shall take all reasonable precautions for the safety of: 14.2.3.1 all Persons involved in performing, overseeing or supervising performance of the Work, all Persons on the Site and all other Persons who may be affected thereby; 14.2.3.2 all owners and tenants of Adjacent Property, and their patrons, employees and other invitees, and 14.2.4 Contractor is responsible for the care of the Work until Substantial Completion is achieved, as evidenced by a Certificate of Substantial Completion, and thereafter for the care of outstanding Work and items to be removed from the Site, and for any damage caused by Contractor or a Subcontractor in the course of completing their obligations under this Agreement. Nothing herein is intended to deprive the Parties of their rights to recover the proceeds of any applicable insurance. Contractor shall provide all reasonable protection to prevent damage, injury or loss from the Work to: 14.2.4.1 all .1 employees and other individuals present on site of the Work or adjoining areas affected by the Work, ; .2 the Work and all materials and equipment to be incorporated therein (whether in storage on or off the Project Site, ) under the care, custody or control of Contractor or any of Contractor’s Subcontractors;'s Subcontractors or Sub-subcontractors; and 14.2.4.2 other .3 property at the Project Site or on Adjacent Property, including adjacent thereto (such as trees, shrubs, lawns, walks, pavements, roadways, structures, buildings structures and utilities utilities) not designated for removal, relocation or replacement in the course of construction; and 14.2.4.3 the work of MSG or Separate Contractors. 14.2.5 10.1.3. Contractor shall give all notices and comply with all Applicable Laws applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on the safety of Persons persons or property or their protection from damage, injury or loss. 14.2.6 10.1.4. Contractor shall erect and maintain, as required by existing conditions and the progress performance of the WorkContract, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.1.5. When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, Contractor shall not perform the Work in a manner that would disrupt or otherwise interfere with the operation exercise utmost care and carry on such activities under supervision of any pipeline, telephone line, electronic transmission line or other structure which may be on the Site or Adjacent Propertyproperly qualified personnel. 14.2.7 10.1.6. Contractor shall promptly remedy all damage and loss (other than damage or loss insured under insurance available to any Owner) to property (including the Work) caused in whole or Work referred to in Sections 14.2.4 caused part by any Contractor PartyContractor, except damage or loss attributable to the acts or omissions of MSGa Subcontractor, Architecta Sub-subcontractor, Project Manager, Separate Contractors or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them they may be liable, except damage or loss attributable to acts or omissions of Owner or anyone directly or indirectly employed by it, or by anyone for whose acts Owner may be liable, but only to the extent attributable to the fault or negligence of Contractor, a Subcontractor, a Sub- subcontractor, or anyone directly or indirectly employed by any of them, and only to the extent manifested prior to Substantial Completion. The foregoing obligations of Contractor are in addition to Contractor’s 's obligations under Article 15other provisions of the Contract Documents. Nothing in this Section 14.2.7 Subparagraph 10.1.6 is intended to deprive Contractor as an extension of its insurance rights or other recovery rights, if any, under the Contract DocumentsContractor’s obligation for correction of defective Work. 14.2.8 10.1.7. Contractor shall designate a responsible and qualified member of Contractor’s 's organization at the Project Site whose sole duty shall be the manager prevention of the Safety Program. 14.2.9 accidents. This person shall be Contractor's superintendent unless otherwise designated by Contractor shall report in writing to MSG, Project Manager and other MSG personnel as may be directed by MSG from time to time, all accidents arising out of or in connection with the Work which cause death, personal injury or property damage, giving full details and statements of witnessesOwner. 10.1.8. Contractor shall submit its report to MSG and Project Manager within three (3) Days after the occurrence. In addition, if death not load or serious personal injuries or serious property damage are caused, the accident shall be reported immediately by telephone or messenger to MSG and Project Manager. 14.2.10 Contractor shall review the safety programs of each permit any part of the Subcontractors to make sure they comply with the Safety Program. The performance of such services by Contractor shall not relieve Subcontractor of its responsibility for the safety of persons and property, and for any compliance with all Applicable Laws. Contractor is responsible for any and all the safety issues relating to the Work on the construction or Project by Contractor and its Subcontractors, including any personal injuries or death. Contractor shall administer and manage the safety program. This will include, but not necessarily be limited to review of the safety programs of each Subcontractor. Contractor shall monitor the establishment and execution of effective safety practices then known to the industry, as applicable to Work on this Project, and the compliance with all applicable regulatory and advisory agency construction safety standards. As between Contractor and its Subcontractors, Contractor’s responsibility for review, monitoring and coordination of its Subcontractors’ safety programs shall not extend to direct control over execution of the Subcontractors’ safety programs. Notwithstanding Contractor’s safety obligations to MSG, it is agreed and understood that each individual Subcontractor shall remain the controlling employer responsible for the safety programs and precautions applicable to the work of its own employees and the activities of employees of other contractors in areas designated Site to be controlled by such Subcontractor; provided, however, that nothing herein shall reduce or impact Contractor’s responsibility with respect loaded so as to MSG for safety in the performance of the Workendanger its safety. 14.2.11 Any suspension of Work by MSG related to Contractor’s failure to comply with its safety obligations set forth under Section 14.2, including the failure of any individual to comply with the Contractor’s Safety Program, shall be considered a suspension for cause.

SAFETY PRECAUTIONS AND PROGRAMS. 14.2.1 7.1 The Contractor shall be responsible for initiatinginitiate, maintaining maintain and supervising supervise all safety precautions and programs in connection with the Work. Contractor shall, within thirty (30) Days of the date of this Agreement, submit to MSG for review a comprehensive safety and fire prevention program for the Site consistent with the Standard or Care and Applicable Law (the “Safety Program”). Contractor shall incorporate into such safety and fire prevention program all reasonable comments and changes proposed by MSG or Project Manager. 14.2.2 Contractor shall monitor and have overall responsibility for the compliance of its employees, Subcontractors, and any other Persons on the Site with: (a) the Safety Program; and (b) all applicable regulatory and advisory agency construction safety standards of any Governmental Authority. 14.2.3 Contractor shall take all reasonable precautions for the safety of: 14.2.3.1 all Persons involved in performing, overseeing or supervising performance of the Work. 7.2 The Contractor shall comply with all applicable laws, all Persons ordinances, rules, regulations and lawful orders of public authorities bearing on the Site and all safety of persons or property, or their protection from damage, injury or loss. 7.3 The Contractor shall designate the Work Superintendent, or some other Persons responsible member of the Contractor’s organization who may is at the Site, to be affected thereby; 14.2.3.2 all owners and tenants of Adjacent Property, and their patrons, employees and other invitees, and 14.2.4 Contractor is the person responsible for the care prevention of accidents and the monitoring of the Work until Substantial Completion is achieved, as evidenced by a Certificate safety of Substantial Completion, and thereafter for the care of outstanding Work and items to be removed from the Site, and for any damage caused by Contractor or a Subcontractor in the course of completing their obligations under this Agreement. Nothing herein is intended to deprive the Parties of their rights to recover the proceeds of any applicable insurance. Work 7.4 The Contractor shall take precautions for safety and provide all reasonable protection to prevent damage, injury or loss from the Work to: 14.2.4.1 all of 1. Employees working under the WorkContract and other persons who may be affected thereby; 2. The Work and materials and equipment to be incorporated therein, whether in storage on or off the SiteProject site, under the care, custody or control of the Contractor or any of the Contractor’s Subcontractors; 14.2.4.2 's Subcontractors or Sub-subcontractors; and other property at the Site Project site, or on Adjacent Propertyadjacent thereto, including such as trees, shrubs, lawns, walks, pavements, roadways, structuresstructures and utilities, buildings and utilities not designated for removal, relocation except as otherwise noted or replacement in the course of constructionspecified; and 14.2.4.3 3. Other property at the work of MSG Project site, or Separate Contractorsadjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities, except as otherwise noted or specified. 14.2.5 Contractor shall give all notices and comply with all Applicable Laws bearing on the safety of Persons or property or their protection from damage, injury or loss. 14.2.6 7.5 The Contractor shall erect and maintain, as required by existing conditions and the progress performance of the WorkContract, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying the AOC, other owners and users of adjacent sites and utilities. . 7.6 The Contractor shall not perform comply with all applicable laws, ordinances, rules, regulations and lawful orders of public authorities regarding the Work in a manner that would disrupt storage and/or use regulated materials or otherwise interfere with the operation equipment necessary for execution of any pipeline, telephone line, electronic transmission line or other structure which may be on the Site or Adjacent PropertyWork. 14.2.7 7.7 The Contractor shall promptly remedy all damage or and loss to any property or Work referred to in Sections 14.2.4 caused by any Contractor Party, except damage or loss attributable to the acts or omissions of MSG, Architect, Project Manager, Separate Contractors or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. The foregoing obligations of Contractor are in addition to Contractor’s obligations under Article 15. Nothing in this Section 14.2.7 is intended to deprive Contractor of its insurance rights or other recovery rights, if any, under the Contract Documents. 14.2.8 Contractor shall designate a responsible and qualified member of Contractor’s organization at the Site whose sole duty shall be the manager of the Safety Program. 14.2.9 Contractor shall report in writing to MSG, Project Manager and other MSG personnel as may be directed by MSG from time to time, all accidents arising out of or in connection with the Work which cause death, personal injury or property damage, giving full details and statements of witnesses. Contractor shall submit its report to MSG and Project Manager within three (3) Days after the occurrence. In addition, if death or serious personal injuries or serious property damage are caused, the accident shall be reported immediately by telephone or messenger to MSG and Project Manager. 14.2.10 Contractor shall review the safety programs of each of the Subcontractors to make sure they comply with the Safety Program. The performance of such services by Contractor shall not relieve Subcontractor of its responsibility for the safety of persons and property, and for any compliance with all Applicable Laws. Contractor is responsible for any and all the safety issues relating to the Work on the Project by Contractor and its Subcontractors, including any personal injuries or death. Contractor shall administer and manage the safety program. This will include, but not necessarily be limited to review of the safety programs of each Subcontractor. Contractor shall monitor the establishment and execution of effective safety practices then known to the industry, as applicable to Work on this Project, and the compliance with all applicable regulatory and advisory agency construction safety standards. As between Contractor and its Subcontractors, Contractor’s responsibility for review, monitoring and coordination of its Subcontractors’ safety programs shall not extend to direct control over execution of the Subcontractors’ safety programs. Notwithstanding Contractor’s safety obligations to MSG, it is agreed and understood that each individual Subcontractor shall remain the controlling employer responsible for the safety programs and precautions applicable to the work of its own employees and the activities of employees of other contractors in areas designated to be controlled by such Subcontractor; provided, however, that nothing herein shall reduce or impact Contractor’s responsibility with respect to MSG for safety in the performance of the Work. 14.2.11 Any suspension of Work by MSG related to Contractor’s failure to comply with its safety obligations set forth under Section 14.2, including the failure of any individual to comply with the Contractor’s Safety Program, shall be considered a suspension for cause.Clauses 7.4.2 and

SAFETY PRECAUTIONS AND PROGRAMS. 14.2.1 10.1 The Contractor shall be responsible for initiating, maintaining maintaining, and supervising all safety precautions and programs in connection with the Work. Contractor shall, within thirty (30) Days of the date of this Agreement, submit to MSG for review a comprehensive safety and fire prevention program for the Site consistent with the Standard or Care and Applicable Law (the “Safety Program”). Contractor shall incorporate into such safety and fire prevention program all reasonable comments and changes proposed by MSG or Project Manager. 14.2.2 Contractor shall monitor and have overall responsibility for the compliance of its employees, Subcontractors, and any other Persons on the Site with: (a) the Safety Program; and (b) all applicable regulatory and advisory agency construction safety standards of any Governmental Authority. 14.2.3 10.2 The Contractor shall take all reasonable precautions for the safety of: 14.2.3.1 all Persons involved in performing, overseeing or supervising performance of the Work, all Persons on the Site and all other Persons who may be affected thereby; 14.2.3.2 all owners and tenants of Adjacent Property, and their patrons, employees and other invitees, and 14.2.4 Contractor is responsible for the care of the Work until Substantial Completion is achieved, as evidenced by a Certificate of Substantial Completion, and thereafter for the care of outstanding Work and items to be removed from the Site, and for any damage caused by Contractor or a Subcontractor in the course of completing their obligations under this Agreement. Nothing herein is intended to deprive the Parties of their rights to recover the proceeds of any applicable insurance. Contractor shall provide all reasonable protection to prevent damage, injury or loss from the Work to: 14.2.4.1 1. All employees hired to perform the Work and all other persons who may be affected by the performance of the Work; 2. All the Work and all materials and equipment to be incorporated therein, whether in storage on or off the Sitesite, under the care, custody or control of Contractor the Contractor, or any of Contractor’s Subcontractors;his Subcontractors or Sub-subcontractors; and 14.2.4.2 other property 3. Property at the Site site or on Adjacent Propertyadjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, buildings structures and utilities not designated for removal, relocation or replacement in the course of construction; and 14.2.4.3 the work of MSG or Separate Contractors. 14.2.5 10.3 The Contractor shall give all notices and comply with all Applicable Laws bearing on applicable laws, ordinances, rules, regulations and orders of any public authority having jurisdiction for the safety of Persons persons or property or their protection to protect persons or property from damage, injury or loss. 14.2.6 . Contractor shall erect and maintain, as required by existing conditions and the progress of the Work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. Contractor shall not perform the Work in a manner that would disrupt or otherwise interfere with the operation of any pipeline, telephone line, electronic transmission line or other structure which may be on the Site or Adjacent Propertybarriers. 14.2.7 Contractor shall promptly remedy all 10.4 All damage or loss to any property or Work referred to in Sections 14.2.4 Paragraphs 10.2 and 10.3 above caused in whole or in part by the Contractor, any Contractor PartySubcontractor, except damage or loss attributable to the acts or omissions of MSGand Sub-subcontractor, Architect, Project Manager, Separate Contractors or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. The foregoing obligations , shall be remedied by the Contractor, except damage or loss attributable to faulty Drawings or Specifications or to the acts or omissions of Contractor are in addition the HABITAT AUTHORITY, and not attributable to the fault or negligence of the Contractor. 10.5 If any emergency threatens injury to persons or damage or loss to property during the Contractor’s obligations under Article 15. Nothing in this Section 14.2.7 is intended preparation to deprive Contractor of its insurance rights or other recovery rightsperform the Work, if any, under the Contract Documents. 14.2.8 Contractor shall designate a responsible and qualified member of Contractor’s organization at the Site whose sole duty shall be the manager of the Safety Program. 14.2.9 Contractor shall report in writing to MSG, Project Manager and other MSG personnel as may be directed by MSG from time to time, all accidents arising out of or in connection with the Work which cause death, personal injury or property damage, giving full details and statements of witnesses. Contractor shall submit its report to MSG and Project Manager within three (3) Days after the occurrence. In addition, if death or serious personal injuries or serious property damage are caused, the accident shall be reported immediately by telephone or messenger to MSG and Project Manager. 14.2.10 Contractor shall review the safety programs of each of the Subcontractors to make sure they comply with the Safety Program. The performance of such services by Contractor shall not relieve Subcontractor of its responsibility for the safety of persons and property, and for any compliance with all Applicable Laws. Contractor is responsible for any and all the safety issues relating to the Work on the Project by Contractor and its Subcontractors, including any personal injuries or death. Contractor shall administer and manage the safety program. This will include, but not necessarily be limited to review of the safety programs of each Subcontractor. Contractor shall monitor the establishment and execution of effective safety practices then known to the industry, as applicable to Work on this Project, and the compliance with all applicable regulatory and advisory agency construction safety standards. As between Contractor and its Subcontractors, Contractor’s responsibility for review, monitoring and coordination of its Subcontractors’ safety programs shall not extend to direct control over execution of the Subcontractors’ safety programs. Notwithstanding Contractor’s safety obligations to MSG, it is agreed and understood that each individual Subcontractor shall remain the controlling employer responsible for the safety programs and precautions applicable to the work of its own employees and the activities of employees of other contractors in areas designated to be controlled by such Subcontractor; provided, however, that nothing herein shall reduce or impact Contractor’s responsibility with respect to MSG for safety in the performance of the Work, and until completion of Work, Contractor shall act to prevent the threatened damage, injury or loss. Any extension of time requested by the Contractor on account of such an emergency shall be granted by HABITAT AUTHORITY as provided in the provisions under “ Article 8.0 Time Extensions” as set forth above. 14.2.11 Any suspension 10.6 Contractor and each Subcontractor shall evaluate, and satisfy themselves as to the conditions and limitations under which the Work is to be performed, including, without limitation, (1) location, condition, layout, and nature of Work the Project site and surrounding areas, (2) generally prevailing climatic conditions, (3) anticipated labor supply and costs, (4) availability and cost of materials, tools, and equipment, and (5) other similar issues. HABITAT AUTHORITY assumes no responsibility or liability for the physical condition or safety of the Project site. Contractor shall be solely responsible for providing a safe place for the performance of the work. HABITAT AUTHORITY shall not be required to make any adjustment in either the Contract Sum or Contract Time in connection with any failure by MSG related to Contractor’s failure to comply with its safety obligations set forth under Section 14.2, including the failure of Contractor or any individual Subcontractor to comply with the Contractor’s Safety Programrequirements of this Subparagraph, shall except as may be considered a suspension for causerequired pursuant to relocation of utilities under Government Code Section 4215.

SAFETY PRECAUTIONS AND PROGRAMS. 14.2.1 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall, within thirty (30) Days of the date of this Agreement, submit to MSG for review a comprehensive safety and fire prevention program for the Site consistent with the Standard or Care and Applicable Law (the “Safety Program”). Contractor shall incorporate into such safety and fire prevention program all reasonable comments and changes proposed by MSG or Project Manager. 14.2.2 Contractor shall monitor and have overall responsibility for the compliance of its employees, Subcontractors, and any other Persons on the Site with: (a) the Safety Program; and (b) all applicable regulatory and advisory agency construction safety standards of any Governmental Authority. 14.2.3 Contractor shall take all reasonable precautions for the safety of: 14.2.3.1 all Persons involved in performing, overseeing or supervising performance of the Work, all Persons Contract. 10.1.2 In the event the Contractor encounters on the Site site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and all other Persons who may report the condition to the Owner and Architect in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected thereby;area shall be resumed in the absence of asbestos or polychlorinated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner and Contractor, or in accordance with final determination by the Architect on which arbitration has not been demanded, or by arbitration under Article 4. 14.2.3.2 all owners 10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). 10.1.4 To the fullest extent permitted by law, the Owner shall indemnify and tenants hold harmless the Contractor, Architect, Architect's consultants and agents and employees of Adjacent Propertyany of them from and against claims, damages, losses and their patronsexpenses, employees and other inviteesincluding but not limited to attorneys' fees, and 14.2.4 Contractor is responsible for the care arising out of or resulting from performance of the Work until Substantial Completion is achieved, as evidenced by a Certificate of Substantial Completion, and thereafter for the care of outstanding Work and items to be removed from the Site, and for any damage caused by Contractor or a Subcontractor in the course of completing their obligations under this Agreement. Nothing herein affected area if in fact the material is intended to deprive the Parties of their rights to recover the proceeds of any applicable insurance. Contractor shall provide all reasonable protection to prevent asbestos or polychlorinated biphenyl (PCB) 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 loss from destruction of tangible property (other than the Work to: 14.2.4.1 all itself) including loss of the Workuse resulting therefrom, whether in storage on or off the Site, under the care, custody or control of Contractor or any of Contractor’s Subcontractors; 14.2.4.2 other property at the Site or on Adjacent Property, including trees, shrubs, lawns, walks, pavements, roadways, structures, buildings and utilities not designated for removal, relocation or replacement in the course of construction; and 14.2.4.3 the work of MSG or Separate Contractors. 14.2.5 Contractor shall give all notices and comply with all Applicable Laws bearing on the safety of Persons or property or their protection from damage, injury or loss. 14.2.6 Contractor shall erect and maintain, as required by existing conditions and the progress of the Work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. Contractor shall not perform the Work in a manner that would disrupt or otherwise interfere with the operation of any pipeline, telephone line, electronic transmission line or other structure which may be on the Site or Adjacent Property. 14.2.7 Contractor shall promptly remedy all damage or loss to any property or Work referred to in Sections 14.2.4 caused by any Contractor Party, except damage or loss attributable but only to the extent caused in whole or in part by negligent acts or omissions of MSGthe Owner, Architect, Project Manager, Separate Contractors or anyone directly or indirectly employed by any of them, the Owner or by anyone for whose acts any of them the Owner may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. The foregoing Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of Contractor are in addition indemnity which would otherwise exist as to Contractor’s obligations under Article 15. Nothing a party or person described in this Section 14.2.7 is intended to deprive Contractor of its insurance rights or other recovery rights, if any, under the Contract DocumentsSubparagraph 10.1.4. 14.2.8 Contractor shall designate a responsible and qualified member of Contractor’s organization at the Site whose sole duty shall be the manager of the Safety Program. 14.2.9 Contractor shall report in writing to MSG, Project Manager and other MSG personnel as may be directed by MSG from time to time, all accidents arising out of or in connection with the Work which cause death, personal injury or property damage, giving full details and statements of witnesses. Contractor shall submit its report to MSG and Project Manager within three (3) Days after the occurrence. In addition, if death or serious personal injuries or serious property damage are caused, the accident shall be reported immediately by telephone or messenger to MSG and Project Manager. 14.2.10 Contractor shall review the safety programs of each of the Subcontractors to make sure they comply with the Safety Program. The performance of such services by Contractor shall not relieve Subcontractor of its responsibility for the safety of persons and property, and for any compliance with all Applicable Laws. Contractor is responsible for any and all the safety issues relating to the Work on the Project by Contractor and its Subcontractors, including any personal injuries or death. Contractor shall administer and manage the safety program. This will include, but not necessarily be limited to review of the safety programs of each Subcontractor. Contractor shall monitor the establishment and execution of effective safety practices then known to the industry, as applicable to Work on this Project, and the compliance with all applicable regulatory and advisory agency construction safety standards. As between Contractor and its Subcontractors, Contractor’s responsibility for review, monitoring and coordination of its Subcontractors’ safety programs shall not extend to direct control over execution of the Subcontractors’ safety programs. Notwithstanding Contractor’s safety obligations to MSG, it is agreed and understood that each individual Subcontractor shall remain the controlling employer responsible for the safety programs and precautions applicable to the work of its own employees and the activities of employees of other contractors in areas designated to be controlled by such Subcontractor; provided, however, that nothing herein shall reduce or impact Contractor’s responsibility with respect to MSG for safety in the performance of the Work. 14.2.11 Any suspension of Work by MSG related to Contractor’s failure to comply with its safety obligations set forth under Section 14.2, including the failure of any individual to comply with the Contractor’s Safety Program, shall be considered a suspension for cause.

SAFETY PRECAUTIONS AND PROGRAMS. 14.2.1 Contractor shall be responsible for initiating6.1 The DESIGN/BUILDER agrees to initiate, maintaining maintain, and supervising supervise all safety precautions and programs in connection with the Work. Contractor shall, within thirty (30) Days required under his portion of the date work and maintained during the term of this Agreement, submit to MSG for review a comprehensive safety and fire prevention program for the Site consistent with the Standard or Care and Applicable Law (the “Safety Program”). Contractor shall incorporate into such safety and fire prevention program all reasonable comments and changes proposed by MSG or Project Managercontract. 14.2.2 Contractor shall monitor and have overall responsibility for the compliance of its employees, Subcontractors, and any other Persons 1. All employees on the Site with: (a) the Safety Program; and (b) all applicable regulatory and advisory agency construction safety standards of any Governmental Authority. 14.2.3 Contractor shall take all reasonable precautions for the safety of: 14.2.3.1 all Persons involved in performingwork, overseeing or supervising performance of the Work, all Persons on the Site and all other Persons persons who may be affected thereby; 14.2.3.2 all owners 2. All the work materials and tenants of Adjacent Property, and their patrons, employees and other invitees, and 14.2.4 Contractor is responsible for the care of the Work until Substantial Completion is achieved, as evidenced by a Certificate of Substantial Completion, and thereafter for the care of outstanding Work and items equipment to be removed from the Site, and for any damage caused by Contractor or a Subcontractor in the course of completing their obligations under this Agreement. Nothing herein is intended to deprive the Parties of their rights to recover the proceeds of any applicable insurance. Contractor shall provide all reasonable protection to prevent damage, injury or loss from the Work to: 14.2.4.1 all of the Workincorporated therein, whether in storage on or off the Sitesite, under the care, custody or control of Contractor the DESIGN/BUILDER or any of Contractor’s Subcontractors;his contractors or subcontractors; and 14.2.4.2 other 3. Other property at the Site site or on Adjacent Propertyadjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, buildings structures and utilities not designated for removal, relocation or replacement in the course of construction; and 14.2.4.3 the work of MSG or Separate Contractors. 14.2.5 Contractor shall give all notices and 6.2 The DESIGN/BUILDER agrees to comply with all Applicable Laws bearing on applicable, laws, ordinances, rules, regulations and orders of any public authority having jurisdiction of the safety of Persons persons or property or their protection to protect them from damage, injury or loss. 14.2.6 Contractor . He shall erect and maintain, maintain as required by existing conditions and the progress of the Workwork, until the acceptance of the completion of his portion of the project, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. Contractor shall not perform the Work in a manner that would disrupt or otherwise interfere with the operation of any pipeline, telephone line, electronic transmission line or other structure which may be on the Site or Adjacent Property. 14.2.7 Contractor shall promptly remedy 6.3 The DESIGN/BUILDER agrees to restore all damage damages or loss to any property or Work referred to above caused in Sections 14.2.4 caused whole or in part by the DESIGN/BUILDER, any Contractor Partysubcontractor, except damage or loss attributable to the acts or omissions of MSG, Architect, Project Manager, Separate Contractors or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. The foregoing obligations , shall be remedied by the DESIGN/BUILDER, except the acts or omissions of Contractor are in addition the SYSTEM or Construction Manager, or anyone employed by either of them or for whose acts either of them may be liable, and not attributable to Contractor’s obligations under Article 15. Nothing in this Section 14.2.7 is intended to deprive Contractor the fault or negligence of its insurance rights or other recovery rights, if any, under the Contract DocumentsDESIGN/BUILDER. 14.2.8 Contractor shall 6.4 The DESIGN/BUILDER agrees to designate a responsible and qualified member of Contractor’s his organization at the Site site whose sole duty shall be the manager prevention of accidents. This person shall be the DESIGN/BUILDER’s superintendent unless otherwise designated in writing by the DESIGN/BUILDER to the SYSTEM and the professional. 6.5 The DESIGN/BUILDER agrees not to load or permit any part of the Safety Programwork to be loaded so as to endanger its safety. 14.2.9 Contractor 6.6 Explosives shall report not be used in writing to MSG, Project Manager and other MSG personnel as may be directed by MSG from time to time, all accidents arising out of or in connection with the Work which cause death, personal injury or property damage, giving full details and statements of witnesses. Contractor shall submit its report to MSG and Project Manager within three (3) Days after the occurrence. In addition, if death or serious personal injuries or serious property damage are caused, the accident shall be reported immediately by telephone or messenger to MSG and Project Manager. 14.2.10 Contractor shall review the safety programs of each work without specific written approval of the Subcontractors to make sure they comply with the Safety Program. The performance of such services by Contractor shall not relieve Subcontractor of its responsibility contracts plan for the safety of persons and propertystorage, and use of them for any compliance with all Applicable Laws. Contractor is responsible for any and all accomplishing the safety issues relating to the Work on the Project by Contractor and its Subcontractors, including any personal injuries or death. Contractor shall administer and manage the safety program. This will include, but not necessarily be limited to review of the safety programs of each Subcontractor. Contractor shall monitor the establishment and execution of effective safety practices then known to the industry, as applicable to Work on this Project, and the compliance with all applicable regulatory and advisory agency construction safety standards. As between Contractor and its Subcontractors, Contractor’s responsibility for review, monitoring and coordination of its Subcontractors’ safety programs shall not extend to direct control over execution of the Subcontractors’ safety programs. Notwithstanding Contractor’s safety obligations to MSG, it is agreed and understood that each individual Subcontractor shall remain the controlling employer responsible for the safety programs and precautions applicable to the work of its own employees and the activities of employees of other contractors in areas designated to be controlled by such Subcontractor; provided, however, that nothing herein shall reduce or impact Contractor’s responsibility with respect to MSG for safety in the performance of the Workwork. 14.2.11 Any suspension of Work by MSG related to Contractor’s failure to comply with its safety obligations set forth under Section 14.2, including the failure of any individual to comply with the Contractor’s Safety Program, shall be considered a suspension for cause.

SAFETY PRECAUTIONS AND PROGRAMS. 14.2.1 10.1.1. Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. Contractor shall develop a safety program applicable to each job site and to the Work to be done and enforce such program at all times. Further, Contractor shall comply with all applicable laws and regulations including, but not limited to, the standards and regulations promulgated by the Secretary of Labor under the Occupational Safety and Health Act of 1970 (OSHA) and any other legislation enacted for the safety and health of Contractor employees. ▇▇▇▇ COUNTY shall have the right, but not the obligation, to inspect and verify Contractor’s compliance with Contractor’s responsibility for protecting the safety and health of its employees and Subcontractor. 10.1.2. Contractor shall notify ▇▇▇▇ COUNTY immediately, by telephone with prompt confirmation in writing, of all injuries and fatalities including, but not limited to, copies of all reports and other documents filed or provided to Contractor’s insurers and the State of Texas in connection with such injuries or fatalities. 10.1.3. Contractor has adopted or shall adopt its own policy to assure a drug and alcohol free work place while performing the Work. Contractor's employees, agents, and Subcontractors shall not perform any service for ▇▇▇▇ COUNTY while under the influence of alcohol or any controlled substance. Contractor, its employees, agents and Subcontractors shall not use, possess, distribute or sell illegal, illicit and/or prescribed controlled drugs or drug paraphernalia or misuse legitimate prescription drugs while on Site or performing the Work. Contractor, its employees, agents and Subcontractors shall not use, possess, distribute or sell alcoholic beverages while performing the Work or while on Site or performing the Work. Contractor shall, within thirty (30) Days shall remove any of its employees or Subcontractor employees from performing the date of this Agreement, submit to MSG for review a comprehensive safety and fire prevention program for Work or from the Site consistent any time there is suspicion of alcohol and/or drug use, possession or impairment involving such employee and at any time an incident occurs where drug or alcohol use could have been a contributing factor. ▇▇▇▇ COUNTY has the right to require Contractor to remove employees or Subcontractor employees from performing the Work or from the Site any time cause exists to suspect alcohol or drug use. In such cases, Contractor's or Subcontractor’s employees only may be considered for return to work after Contractor certifies, as a result of a for-cause test conducted immediately following a removal, said employee was in compliance with the Standard or Care and Applicable Law (the “Safety Program”)this Contract. Contractor shall incorporate into such not employ any individual, or shall not accept any Subcontractor employees, to perform the Work who either refuses to take or tests positive in any alcohol or drug test. 10.1.4. Contractor shall comply with all applicable federal, state and local drug and alcohol related laws and regulations (e.g., Department of Transportation regulations, Department of Defense Drug-free Work-free Workforce Policy, Drug-Free Workplace Act of 1988). The presence of any firearms or other lethal weapons by any person is prohibited on the Project site, regardless of whether there exists a valid permit for carrying a weapon. 10.1.5. Both ▇▇▇▇ COUNTY and Contractor agree that these safety and fire prevention program all reasonable comments health terms are of the highest importance and changes proposed by MSG that a breach or Project Manager. 14.2.2 Contractor shall monitor and have overall responsibility for the compliance of its employees, Subcontractors, and any other Persons on the Site with: (a) the Safety Program; and (b) all applicable regulatory and advisory agency construction safety standards violation of any Governmental Authority. 14.2.3 Contractor shall take all reasonable precautions for the safety of: 14.2.3.1 all Persons involved in performing, overseeing or supervising performance of the Work, all Persons on the Site and all other Persons who may be affected thereby; 14.2.3.2 all owners and tenants terms of Adjacent Property, and their patrons, employees and other invitees, and 14.2.4 Contractor is responsible for the care of the Work until Substantial Completion is achieved, as evidenced by a Certificate of Substantial Completion, and thereafter for the care of outstanding Work and items to be removed from the Site, and for any damage caused this Section X by Contractor or a Subcontractor in shall be a material and substantial breach of this Contract. In the course event that ▇▇▇▇ COUNTY shall determine that Contractor has breached or violated the terms of completing this Section, then ▇▇▇▇ COUNTY shall determine, immediately upon written notice to Contractor, whether the Work shall be suspended as a result thereof. If the Work is suspended, the Work shall not recommence until ▇▇▇▇ COUNTY is satisfied that the safety provisions hereof shall not be breached or violated thereafter. If ▇▇▇▇ COUNTY terminates the Contract as a result of such breach or violation, ▇▇▇▇ COUNTY and Contractor shall complete their obligations under this Agreementhereunder to one another in accordance with Article XIII herein. 10.1.6. Nothing herein is intended contained in this Article X shall be interpreted as creating or altering the legal duty of ▇▇▇▇ COUNTY to deprive Contractor or to Contractor’s agents, employees, Subcontractors or third parties, or altering the Parties status of their Contractor as an independent contractor. 10.1.7. Notwithstanding either of the above provisions, or whether ▇▇▇▇ COUNTY exercises its rights set forth herein, ▇▇▇▇ COUNTY neither warrants nor represents to recover Contractor, Contractor’s employees or agents, any Subcontractors or any other third party that Contractor’s safety policy meets the proceeds requirements of any applicable insurancelaw, code, rule or regulation, nor does ▇▇▇▇ COUNTY warrant that the proper enforcement of Contractor’s policy shall insure that no accidents or injuries shall occur. Contractor shall provide all reasonable protection to prevent damageIn addition, injury or loss from the Work to: 14.2.4.1 all of the Work, whether any action by ▇▇▇▇ COUNTY under these provisions in storage on or off the Site, under the care, custody or control of Contractor or no way diminishes any of Contractor’s Subcontractors; 14.2.4.2 other property at the Site or on Adjacent Property, including trees, shrubs, lawns, walks, pavements, roadways, structures, buildings and utilities not designated for removal, relocation or replacement in the course of construction; and 14.2.4.3 the work of MSG or Separate Contractors. 14.2.5 Contractor shall give all notices and comply with all Applicable Laws bearing on the safety of Persons or property or their protection from damage, injury or loss. 14.2.6 Contractor shall erect and maintain, as required by existing conditions and the progress of the Work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. Contractor shall not perform the Work in a manner that would disrupt or otherwise interfere with the operation of any pipeline, telephone line, electronic transmission line or other structure which may be on the Site or Adjacent Property. 14.2.7 Contractor shall promptly remedy all damage or loss to any property or Work referred to in Sections 14.2.4 caused by any Contractor Party, except damage or loss attributable to the acts or omissions of MSG, Architect, Project Manager, Separate Contractors or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. The foregoing obligations of Contractor are in addition to Contractor’s obligations under Article 15. Nothing in this Section 14.2.7 is intended to deprive Contractor of its insurance rights applicable law or other recovery rights, if any, under the Contract Documentscontract documents. 14.2.8 Contractor shall designate a responsible and qualified member of Contractor’s organization at the Site whose sole duty shall be the manager of the Safety Program. 14.2.9 Contractor shall report in writing to MSG, Project Manager and other MSG personnel as may be directed by MSG from time to time, all accidents arising out of or in connection with the Work which cause death, personal injury or property damage, giving full details and statements of witnesses. Contractor shall submit its report to MSG and Project Manager within three (3) Days after the occurrence. In addition, if death or serious personal injuries or serious property damage are caused, the accident shall be reported immediately by telephone or messenger to MSG and Project Manager. 14.2.10 Contractor shall review the safety programs of each of the Subcontractors to make sure they comply with the Safety Program. The performance of such services by Contractor shall not relieve Subcontractor of its responsibility for the safety of persons and property, and for any compliance with all Applicable Laws. Contractor is responsible for any and all the safety issues relating to the Work on the Project by Contractor and its Subcontractors, including any personal injuries or death. Contractor shall administer and manage the safety program. This will include, but not necessarily be limited to review of the safety programs of each Subcontractor. Contractor shall monitor the establishment and execution of effective safety practices then known to the industry, as applicable to Work on this Project, and the compliance with all applicable regulatory and advisory agency construction safety standards. As between Contractor and its Subcontractors, Contractor’s responsibility for review, monitoring and coordination of its Subcontractors’ safety programs shall not extend to direct control over execution of the Subcontractors’ safety programs. Notwithstanding Contractor’s safety obligations to MSG, it is agreed and understood that each individual Subcontractor shall remain the controlling employer responsible for the safety programs and precautions applicable to the work of its own employees and the activities of employees of other contractors in areas designated to be controlled by such Subcontractor; provided, however, that nothing herein shall reduce or impact Contractor’s responsibility with respect to MSG for safety in the performance of the Work. 14.2.11 Any suspension of Work by MSG related to Contractor’s failure to comply with its safety obligations set forth under Section 14.2, including the failure of any individual to comply with the Contractor’s Safety Program, shall be considered a suspension for cause.