TOXIC AND HAZARDOUS SUBSTANCES AND MATERIALS. Delete GC9.2.4 and substitute the following:
TOXIC AND HAZARDOUS SUBSTANCES AND MATERIALS. 13.1 For the purposes of applicable environmental legislation, the Customer shall be deemed to have control and management of the Site with respect to existing conditions.
13.2 Prior to Konex commencing the Work at the Site, the Customer shall:
(a) take all reasonable steps to determine whether any toxic or hazardous substances or materials are present at the Site; and
(b) provide Konex with a written list of any such substances and materials.
13.3 The Customer shall take all reasonable steps to ensure that no person suffers injury, sickness, or death and that no property is injured or destroyed as a result of exposure to, or the presence of, toxic or hazardous substances or materials which were at the Site prior to Konex commencing the Work.
13.4 Unless this Agreement expressly provides otherwise, the Customer shall be responsible for taking all necessary steps, in accordance with legal requirements, to dispose of, store or otherwise render harmless toxic or hazardous substances or materials which were present at the Site prior to Konex commencing the Work.
13.5 If Konex:
(a) encounters toxic or hazardous substances or materials at the Site; or
(b) has reasonable grounds to believe that toxic or hazardous substances or materials are present at the Site, which were not disclosed by the Customer, as required by this Agreement, or which were disclosed but have not been dealt with as required by this Agreement, Konex shall:
(i) take all reasonable steps, including the stopping the Work, to ensure that no person suffers injury, sickness, or death and that no property is injured or destroyed as a result of exposure to or the presence of the substances or materials, and
(ii) immediately report the circumstances to the Customer.
13.6 If Konex is delayed in performing the Work or incurs additional costs as a result of any its obligations required by this Agreement, the Completion Date shall be extended for the period of time equal to the delay in the performance of the Work and Konex shall be reimbursed for reasonable costs incurred as a result of the delay and for any such additional costs.
13.7 The Customer shall indemnify and hold harmless Konex, its agents and employees, from and against claims, demands, losses, costs, damages, actions, suits, or proceedings arising out of or resulting from exposure to, or the presence of, toxic or hazardous substances or materials which were at the Site prior to Konex commencing the Work.
TOXIC AND HAZARDOUS SUBSTANCES AND MATERIALS. 9.3.1 For the purposes of applicable environmental legislation, the Contractor shall be deemed to have control and management of the Place of the Work with respect to existing conditions.
9.3.2 Prior to the Contractor commencing the Work, the Owner has taken .1 all reasonable steps to determine whether any toxic or hazardous substances or materials are present at the Place of the Work, and
TOXIC AND HAZARDOUS SUBSTANCES AND MATERIALS. Add: "and the Contractor shall be deemed to have control and management of the Place of the Work with respect to any toxic or hazardous substances or materials which may be brought on to the Place of the Work by the Contractor or its Subcontractors."
TOXIC AND HAZARDOUS SUBSTANCES AND MATERIALS. For the purposes of applicable environmental legislation, the City shall be deemed to have control and management of the WMF with respect to existing conditions. Prior to the Contractor commencing the Work, the City shall: • Take all reasonable steps to determine whether any toxic or hazardous substances or materials are present at the Place of the Work, and • Provide the Contractor with a written list of any such substances and materials. The City shall take all reasonable steps to ensure that no person suffers injury, sickness, or death and that no property is injured or destroyed as a result of exposure to, or the presence of, toxic or hazardous substances or materials which were at the WMF prior to the Contractor commencing the work. Unless the Contract expressly provides otherwise, the City shall be responsible for taking all necessary steps, in accordance with legal requirements, to dispose of, store or otherwise render harmless toxic or hazardous substances or materials which were present at the WMF prior to the Contractor commencing the Work. If the Contractor:
TOXIC AND HAZARDOUS SUBSTANCES AND MATERIALS. 10.1 Subcontractor shall be responsible for any hazardous substances introduced to the Site or wastes generated in performance of the Work by the Subcontractor or persons within the Subcontractor’s control including Subcontractor’s employees, agents or subcontractors (“Subcontractor Hazardous Substances”). Subcontractor shall take all necessary measures required to ensure that Subcontractor Hazardous Substances are remediated, disposed of or rendered harmless in accordance with applicable laws.
TOXIC AND HAZARDOUS SUBSTANCES AND MATERIALS. GC 9.2.7 is amended by deleting paragraph 9.2.7.4. • GC 9.2.8 is amended by deleting paragraph 9.2.8.4. • GC 10.2.3 is amended by adding the following sentence at the end of the paragraph: “Without restricting the generality of the foregoing, the Design-Builder shall obtain and maintain in force throughout the term of the Contract an inter-municipal business licence or non-resident business licence valid for the carrying on of business in the District of Saanich.”
TOXIC AND HAZARDOUS SUBSTANCES AND MATERIALS. GC9.2.1 is deleted in its entirety and replaced with the following:
9.2.1 For the purposes of the Contract, the City shall be deemed to have control and management of the Place of the Work with respect to the condition of the Place of the Work prior to the commencement of the Work in relation to applicable Environmental Law and the presence of any Hazardous Substances.
TOXIC AND HAZARDOUS SUBSTANCES AND MATERIALS. Add at the end: “and take all necessary steps in accordance with the instructions of the Consultant and all applicable legislation to treat, store or otherwise dispose of the substances or materials.”
TOXIC AND HAZARDOUS SUBSTANCES AND MATERIALS. Replace GC 9.2 through 9.2.9
