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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 pen-nits 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 pen-nits 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 Contract
<br /> Times, or both, as a result of such Work stoppage or such special conditions under which Work
<br /> is agreed to be resumed by Contractor, either party may make a Claim therefore as provided in
<br /> Paragraph 10.05.
<br /> F. If after receipt of such written notice Contractor does not agree to resume such Work based on a
<br /> 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 to
<br /> 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 therefore 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 of
<br /> 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 /> responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual
<br /> or entity from and against the consequences of that individual's or entity's own negligence.
<br /> H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold
<br /> harmless Owner and Engineer, and the officers,directors,members,partners, employees, agents,
<br /> consultants, and subcontractors of each and any of them from and against all claims, costs,
<br /> losses, and damages (including but not limited to all fees and charges of engineers, architects,
<br /> attorneys, and other professionals and all court or arbitration or other dispute resolution costs)
<br /> arising out of or relating to a Hazardous Environmental Condition created by Contractor or by
<br /> anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.1-1 shall obligate
<br /> Contractor to indemnify any individual or entity from and against the consequences of that
<br /> individual's or entity's own negligence.
<br /> I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental
<br /> Condition uncovered or revealed at the Site.
<br /> EJCDC C-700 Modified Standard General Conditions of the Construction Contract
<br /> Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
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