Common use of SAFETY PRECAUTIONS AND PROGRAMS Clause in Contracts

SAFETY PRECAUTIONS AND PROGRAMS. 15.1.1 The Construction Manager shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. 15.1.2 In the event the Construction Manager encounters hazardous materials on the Site, the Construction Manager shall immediately stop Work in the area affected and report the condition to the Owner and the Architect in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Construction Manager if, in fact, the material or removal has not been rendered harmless. The Work in the affected area shall be resumed when it has been rendered harmless, by written agreement of the Owner and Construction Manager. 15.1.3 The Construction Manager shall not be required pursuant to Section 2.3 to perform without consent any Work relating to hazardous materials. 15.1.4 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Construction Manager, Architect, Architect’s consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to reasonable attorney’s fees, arising out of or resulting from performance of the Work in the affected area if in fact the material 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, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including loss of use resulting there from, but not only to the extend caused in whole or in part by negligent acts or omissions of the Owner, anyone directly or indirectly employed by the Owner or anyone for whose acts claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in the Subparagraph. The indemnification herein is subject to Florida Statute 768.28.