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DocuSign Envelope ID:A9CF8A9E-4CDB-4BB9-A678-D4AD80CD1393 -
<br /> condition to the satisfaction of the Architect, at no additional cost to the Owner."
<br /> B. Paragraph 10.3 "HAZARDOUS MATERIALS"
<br /> 1. Insert the following Clauses 10.3.3.1 and 10.3.3.2:
<br /> 10.3.3.1 Asbestos or polychlorinated biphenyl (PCB) is or may be concealed
<br /> within the walls and ceilings, and in pipe covering in this building. If, during the
<br /> course of the Work, the Contractor finds any material that contains asbestos or
<br /> PCB, or if the Contractor has reason to believe the material contains asbestos or
<br /> PCB, the Contractor shall immediately cease all work that in any way may
<br /> disturb, spread or discharge the asbestos or PCB, or in any way contaminate
<br /> other areas. Further, the Contractor shall immediately notify, in writing, the
<br /> Architect and/or the Owner and obtain instruction as to how and when to proceed
<br /> with the work.
<br /> 10.3.3.2 The Contractor acknowledges he has been advised by the Owner that
<br /> asbestos or PCB is sealed within walls, pipes, and other parts of the Work.
<br /> Should any such asbestos or PCB be disturbed, spread or discharged due to any
<br /> fault, neglect, act or failure to act of the Contractor or any of its officers, agents,
<br /> employees, or Subcontractors in violation of Clause 10.3.3.1 or applicable laws,
<br /> ordinances, rules, regulations, or lawful orders of any public authority so as to
<br /> cause any additional cost, expense, liability, or damage to the Owner, or any
<br /> costs, expenses, damages or liability which the Owner may or shall become
<br /> liable, the Contractor shall and does hereby agree to compensate the Owner for
<br /> and indemnify it against all such costs, expenses, damages, and liability,
<br /> including but not limited to costs, if any, paid by the Owner to clean up such
<br /> spread or discharge(s)of asbestos or PCB.
<br /> X. MODIFICATIONS OF ARTICLE 11 -INSURANCE AND BONDS
<br /> A. Paragraph 11.1 "CONTRACTOR'S LIABILITY INSURANCE"
<br /> 1. In the first sentence of Subparagraph 11.1.1, insert in the first sentence after the
<br /> word "companies" the following: "that are approved in advance by Owner and
<br /> are".
<br /> 2. Delete Clause 11.1.1.5 in its entirety and substitute in its stead the following new
<br /> Subparagraph:
<br /> 11.1.1.5 Insurance covering claims for damage to Property other than to the
<br /> Work itself, because of injury to or destruction of tangible property, including
<br /> loss of use resulting therefrom shall also include claims arising from blasting,
<br /> explosion, collapse due to excavation, moving, shoring and the like, and damage
<br /> to underground property, or damage to facilities resulting from underground
<br /> work. If explosives are to be used Contractor is required to present certification
<br /> of insurance coverage for blasting and collapse to the Owner prior to the use of
<br /> any explosives.
<br /> 3. In the second sentence of Subparagraph 11.1.2, delete the words "whether written
<br /> on an occurrence or claims-made basis", and insert in its stead the following:
<br /> "shall be written on an occurrence policy and".
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