TOXIC AND HAZARDOUS SUBSTANCES. For the purposes of applicable legislation related to toxic and hazardous substances, the Owner shall be deemed to have control and management of the Place of the Work with respect to existing conditions.
TOXIC AND HAZARDOUS SUBSTANCES. The Owner shall indemnify and hold harmless the Contractor from and against all claims, demands, losses, costs, damages, actions, suits, or proceedings:
TOXIC AND HAZARDOUS SUBSTANCES. 9.2.1 For the purposes of applicable legislation, the Owner shall be deemed to have control and management of the Place of the Work with respect to existing conditions.
9.2.2 Prior to the Construction Manager commencing the Work, the Owner shall, .1 take all reasonable steps to determine whether any toxic or hazardous substances are present at the Place of the Work, and
TOXIC AND HAZARDOUS SUBSTANCES. The Owner shall indemnify and hold harmless the Construction Manager from and against all claims, demands, losses, costs, damages, actions, suits, or proceedings: .1 as described in GC 10.3 – PATENT FEES, and .2 arising out of the Construction Manager's performance of the Contract which are attributable to a lack of or defect in title or an alleged lack of or defect in title to the Place of the Work.
TOXIC AND HAZARDOUS SUBSTANCES. 2.1 is deleted in its entirety and replaced with the following:
TOXIC AND HAZARDOUS SUBSTANCES. SC-40 Add GC 9.
TOXIC AND HAZARDOUS SUBSTANCES. Delete paragraph 9.2.2 in its entirety and replace with the following:
TOXIC AND HAZARDOUS SUBSTANCES. The Owner shall indemnify and hold harmless the Contractor from and against all claims, demands, losses, costs, damages, actions, suits, or proceedings: .1 as described in paragraph 10.3.2 of GC 10.3 – PATENT FEES, and .2 arising out of the Contractor's performance of the Contract which are attributable to a lack of or defect in title or an alleged lack of or defect in title to the Place of the Work.
TOXIC AND HAZARDOUS SUBSTANCES. Add new subparagraph 9.2.5.5
TOXIC AND HAZARDOUS SUBSTANCES. 1. For the purposes of applicable legislation related to toxic and hazardous substances, the Client shall be deemed to have control and management of the Place of the Work with respect to existing conditions.
2. Prior to the Contractor commencing the Work, the Client shall,
i. Take all reasonable steps to determine whether any toxic or hazardous substances are present at the Place of the Work or will be present during the duration of the Work, and
ii. Provide the Contractor with a written list of any such substances that are known to exist and their locations.
3. The Client shall take all reasonable steps to ensure that no persons’ exposure to any toxic or hazardous substances exceeds the time weighted levels prescribed by applicable legislation at the Place of the Work and that no property is damaged or destroyed as a result of exposure to, or the presence of, toxic or hazardous substances which were at the Place of the Work prior to the Contractor commencing the Work or at any other time for the duration of the Work..
4. Unless the Contract expressly provides otherwise, the Client shall be responsible for taking all necessary steps, in accordance with applicable legislation at the Place of the Work, to dispose of, store or otherwise render harmless toxic or hazardous substances which were present at the Place of the Work prior to the Contractor commencing the Work or at any other time for the duration of the Work.
5. If the Contractor
i. Encounters toxic or hazardous substances at the Place of the Work, or
ii. Has reasonable grounds to believe that toxic or hazardous substances are present at the Place of the Work, which were not brought to the Place of the Work by the Contractor or anyone for whom the Contractor is responsible, and which were not disclosed by the Client or which were disclosed but have not been dealt with as required under paragraph 9.2.4, the Contractor shall iii. Take all reasonable steps, including stopping the Work, to ensure that no person’s exposure to any toxic or hazardous substances exceeds any applicable time weighted levels prescribed by applicable legislation at the Place of the Work, and
