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. If the surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent or its right 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.
5.02 Licenses Sureties and Insurers
A. All Bonds and insurance required by the Contract Documents to be purchased and maintained by CONTRACTOR
shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which
the Project is located to issue Bonds or insurance policies for the limits and coverage’s so required. Such surety and
insurance companies shall also meet such additional requirements and qualifications as may be provided in the
Supplementary Conditions.
B. All Sureties and Insurance Companies shall be authorized to do business in the State of New Hampshire and shall
have an A.M. Best rating of “A(FSC-VIII)” or better. In the event that the Insurer fails to maintain an A.M. Best
rating “A(FSC-VIII)” or better, the CONTRACTOR shall immediately retain a Surety which does meet the above
requirements.
5.03 Certificates of Insurance
A. CONTRACTOR shall deliver to OWNER 10 days prior to Work, with copies to each additional insured identified
in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or
any other additional insured) which CONTRACTOR is required to purchase and maintain.
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