2. Other data, interpretations, opinions and information contained in such reports or shown or indicated in such
drawings; or
3. Any CONTRACTOR interpretation of or conclusion drawn from any “technical data” or any such other data,
interpretations, opinions or information.
C. CONTRACTOR shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the
Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be
within the scope of the Work. CONTRACTOR shall be responsible for a Hazardous Environmental Condition created
with any materials brought to the Site by CONTRACTOR, Subcontractors, Suppliers, or anyone else for whom
CONTRACTOR is responsible.
D. If CONTRACTOR encounters a Hazardous Environmental Condition or if CONTRACTOR or anyone for whom
CONTRACTOR is responsible creates a Hazardous Environmental Condition, CONTRACTOR shall immediately: (i) secure
or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected
thereby (except in an emergency as required by paragraph 6.16); and (iii) notify OWNER and ENGINEER (and promptly
thereafter confirm such notice in writing). OWNER shall promptly consult with ENGINEER concerning the necessity for
OWNER to retain a qualified expert to evaluate such condition or take corrective action, if any.
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 (ii)
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.
GC-160f55
