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C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or <br />revealed at the Site which was not shown or indicated in Drawings or Specifications or <br />identified in the Contract Documents to be within the scope of the Work. Contractor shall be <br />responsible for a Hazardous Environmental Condition created with any materials brought to the <br />Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is <br />responsible. <br />D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for <br />whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall <br />immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection <br />with such condition and in any area affected thereby (except in an emergency as required by <br />Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such <br />notice in writing). Owner shall promptly consult with Engineer concerning the necessity for <br />Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. <br />Promptly after consulting with Engineer, Owner shall take such actions as are necessary to <br />permit Owner to timely obtain required permits and provide Contractor the written notice <br />required by Paragraph 4.06.E. <br />E. Contractor shall not be required to resume Work in connection with such condition or in any <br />affected area until after Owner has obtained any required permits related thereto and delivered <br />written notice to Contractor: (i) specifying that such condition and any affected area is or has <br />been rendered safe for the resumption of Work; or (ii) specifying any special conditions under <br />which such Work may be resumed safely. If Owner and Contractor cannot agree as to <br />entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or <br />Contract Times, or both, as a result of such Work stoppage or such special conditions under <br />which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as <br />provided in Paragraph 10.05. <br />F. If after receipt of such written notice Contractor does not agree to resume such Work based on <br />a reasonable belief it is unsafe, or does not agree to resume such Work under such special <br />conditions, then Owner may order the portion of the Work that is in the area affected by such <br />condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement <br />to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a <br />result of deleting such portion of the Work, then either party may make a Claim therefor as <br />provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by <br />Owner's own forces or others in accordance with Article 7. <br />G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold <br />harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, <br />partners, employees, agents, consultants, and subcontractors of each and any of them from and <br />against all claims, costs, losses, and damages (including but not limited to all fees and charges <br />of engineers, architects, attorneys, and other professionals and all court or arbitration or other <br />dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, <br />provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the <br />Drawings or Specifications or identified in the Contract Documents to be included within the <br />scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is <br />EJCDC C-700 Standard General Conditions of the Construction Contract <br />Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. <br />Page 15 of 62 <br />00 72 05 <br />