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1MENTARy CONDITIONS
<br />Section: 00800 -5
<br />. enad give the Contractor at least 10 days prior written notice of his Intention to
<br />are a ,.;upy the Project, or a portion thereof. Prior to use or occupancy, the Architet will
<br />and the Contactor shall agree oIn writing oregrading their Individuals responsibilities for ecurieter
<br />maintenance, heat, utilities, damage to the Work and Insurance for the area used or occupies
<br />.2 The Insurance company or companies providing the property Insurance required
<br />Paragraph 11.3 shall consent to the use or occupancy by endorsement prior to such use
<br />occupancy.
<br />.3 After occupancy, the Owner will allow the Contractor reasonable access to the occup6
<br />area to complete and /or correct the Work
<br />.4 Any claims for an adjustment In the Contract Sum or an extension of the Contract Tit
<br />because of the Owner's use or occupancy shall be made in writing to the Architect prior
<br />such use or occupancy.
<br />.5 The Contractor shall not be held responsible for any damage to the occupied part of the
<br />Project resulting from the Owner's use or occupancy.
<br />.6 Use of occupancy by the Owner shall not be deemed to constitute a waiver of existing
<br />claims that the Owner or Contractor may have or claim to have against each other.
<br />Article 9: PAYMENTS AND COMPLETION - No change
<br />1c `r1 f 04 44
<br />Article 10: PROTECTION OF PERSON AND PROPERTY T "' ° ill ` - J r'
<br />fe p 0t P,r
<br />r , d ,tte
<br />10.1,2 in the event the Contractor encounters on the site material6, ` µ r 1 N r
<br />be hazardous materials which has not been rendered harmless, the Contractor shaliV, "
<br />ly believed to c
<br />Immediately stop Work In the area affected and report the condition to the Owner, Architect, N, d"°
<br />resumed except by written agreement of the ownertand Contractor 1n fact the materialbi5
<br />hazardous materials and has not been rendered harmless. The Work In the affected area shall 'r y}
<br />be resumed In the absence of hazardous materials or when tt has been rendered harmless, by" y, '
<br />written agreement of the Owner and Contractor, on which arbitration has not been' M'
<br />demanded, ar by arbitration under Article 2.
<br />10.1.3 The Contractor shall not be required t y
<br />consent any Work rel tl pursuant to Article 72 to cart Y, ,,,.� ... ,, k
<br />10.1,4
<br />1• Add the following Subparagraphs 10,1.2 through 10.1.5 h^�a J I� ,j`}
<br />(� of + r,
<br />ve reasonab f"
<br />o,� ,1 +��
<br />9 O d
<br />harmless
<br />and
<br />a ng to hazardous materials.
<br />To a fullest ext
<br />Contractor, A
<br />ployees of an
<br />uding but not I
<br />Work In the
<br />harmless
<br />elckn
<br />ri
<br />en
<br />ect, Constru.ermltt . t by law, the Owner shall Indemnify and hold ar 4" }
<br />io,
<br />consultants and a
<br />mages, losses and
<br />or resulting from pe
<br />azardous and has
<br />or expense Is attri
<br />estruction of tanglbi
<br />erefrom, but only to
<br />e Owner, anyone d
<br />the Owner may be li
<br />nse Is caused in pan
<br />constructed to
<br />h would otherwise exist as to a party or a p
<br />f them from an
<br />ted to attorney's
<br />ted area If In f
<br />ovided that such
<br />, disease or deat.,
<br />Itself) Including I. of use resulting
<br />part by neglige : cts or omissions
<br />the Owner or : yone for whose ac
<br />such de damage, loss or e
<br />Such .. igation shall not b
<br />obi .: tlons of Indemnity w
<br />th s Subparagraph 10.1
<br />nag r, Archi
<br />galnst claims
<br />s, arising out
<br />the material I
<br />im, damage, to
<br />or to Injury to or
<br />S3.LY I OOSSV
<br />nts,�w
<br />enses, " 4. rr"I
<br />ance of the „ ,Afi
<br />been rendered ['.,�,,
<br />able to bodily injury, �'
<br />property (other than the" = I
<br />e extent caused in whol
<br />ctiy or Indirectly em
<br />le, regardless of w
<br />y a party indemni
<br />negate, :bridge, or reduc
<br />1164.02 & 1164.04
<br />S/Q d L S ,r 0
<br />ed by
<br />er or not
<br />hereunder•
<br />other rights or
<br />rson described In
<br />6 • T
<br />
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