E. CONTRACTOR shall not be required to resume Work in connection with such condition or in any affected area
until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR written notice:
(i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (11)
specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR
cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract
Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be
resumed by CONTRACTOR, either party may make a Claim therefore as provided in paragraph 10.05.
F If after receipt of such written a notice CONTRACTOR does not agree to resume such Work based on a reasonable
belief it is unsafe, or does not agree to resume such Work under such special conditions, then OWNER may order the
portion of the Work that is in the area affected by such condition to be deleted from the Work. If OWNER and
CONTRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract
Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefore
as provided in paragraph 10.05. OWNER may have such deleted portion of the Work performed by OWNER’S own
forces or others in accordance with Article 7.
G. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless
OWNER, ENGINEER, ENGINEER’s Consultants, and the officers, directors, partners, employees, agents, other
consultants, and subcontractors of each and any of them from and against all claims, costs, losses, damages (including
but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created
by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing in this paragraph 4.06.F shall
obligate CONTRACTOR to indemnify any individual or entity from and against the consequences of that individual’s
or entity’s own negligence.
H. The provisions of paragraphs 4.02, 4.03, and 4.04 are not intended to apply to a Hazardous Environmental
Condition uncovered or revealed at the Site.
ARTICLE 5 - BONDS AND INSURANCE
5.01 Performance, Payment, and Other Bonds
A. CONTRACTOR shall furnish performance and payment Bonds, each in an amount at least equal to the Contract
Price as security for the faithful performance and payment of all CONTRACTOR’s obligations under the Contract
Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due,
except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also
furnish such other Bonds as are required by the Contract Documents.
B. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or
Regulations, and shall be executed by such sureties as are named in the current list of “Companies Holding
Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as
published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of
the Treasury. All Bonds signed by an agent must be accompanied by a certified copy of such agent’s authority to act.
C. Ifthe surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent or its nght to do
business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of
paragraph 5.01.B, CONTRACTOR shall within 20 days thereafter substitute another Bond and surety, both of which
shall comply with the requirements of paragraphs 5.01.B and 5.02.
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