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<br /> 21.9. The CMAR shall designate a responsible member of its organization as safety inspector, whose
<br /> duties shall include accident prevention on the Project. The name of the full-time onsite safety
<br /> inspector shall be made known to the Project Designer and Owner at the time the Work is started.
<br /> The CMAR will provide the Owner's Representative with the name of each Subcontractor's onsite
<br /> safety officer.
<br /> 21.10. In the event of emergency affecting the safety of life, the protection of Work, or the safety of
<br /> adjoining properties, the CMAR is hereby authorized to act at its own discretion, without further
<br /> authorization from anyone, to prevent such threatened injury or damage. Any compensation
<br /> claimed by the CMAR on account of such action shall be determined as provided for under
<br /> Sections 3 and 33 herein.
<br /> 21.11. If reasonable precautions are inadequate to prevent foreseeable bodily injury or
<br /> death to persons resulting from a material or substance encountered but not
<br /> created on the site by the CMAR or its Subcontractors, the CMAR shall, upon
<br /> recognizing the condition, immediately stop Work in the affected area and report
<br /> the condition to the Owner and Project Designer in writing. The Owner shall take
<br /> responsibility for remediation of the material or substance from the site. If the
<br /> CMAR claim's its progress in completing the Project is delayed because of the
<br /> Owner's remediation of the site, the CMAR shall file notice and a claim in
<br /> accordance with this Contract. The CMAR shall not be liable for environmental
<br /> matters on, under or about the premises which constitute the Project, including
<br /> without limitation,those relating to fines,orders, injunctions,penalties, damages,
<br /> contribution, cost recovery compensation, losses or injuries resulting from the
<br /> release or threatened release of hazardous materials, special wastes or other
<br /> contaminants into the environment,the development or growth of mold within or
<br /> on any structures, air quality levels, and to the generation, use, storage,
<br /> transportation or illegal disposal of solid wastes, hazardous materials, special
<br /> wastes or other contaminants. To the fullest extent permitted by law, the Owner
<br /> shall indemnify and hold harmless the CMAR, Subcontractors, Architect,
<br /> Architect's consultants, and agents and employees of any of them from and
<br /> against claims, damages, losses, and expenses, including but not limited to
<br /> attorneys' fees, arising out of or resulting from performance of the Work in the
<br /> affected area if in fact the material or substance presents the risk of bodily injury
<br /> or death as described in Section 21.11 and has not been rendered harmless,
<br /> provided that such claim,damage,loss,or expense is attributable to bodily injury,
<br /> sickness,disease or death,or to injury to or destruction of tangible property(other
<br /> than the Work itself), except to the extent that such damage, loss, or expense is
<br /> due to the fault or negligence of the party seeking indemnity. If, without
<br /> negligence on the part of the CMAR, the CMAR is held liable by a government
<br /> agency for the cost of remediation of a hazardous material or substance solely by
<br /> reason of performing Work as required by the Contract Documents, the Owner
<br /> shall reimburse the CMAR for all cost and expense thereby incurred. CMAR
<br /> shall not be deemed the"generator"of any such Hazardous Material pre-existing
<br /> at the Project Site.
<br /> 22.SEDIMENTATION POLLUTION CONTROL
<br /> 22.1. Any land-disturbing activity performed by the CMAR in connection with the Project shall comply
<br /> with all erosion control measures set forth in the Construction Documents and any additional
<br /> measures which may be required in order to ensure that the Project is in full compliance with all
<br /> state, federal, and local stormwater, erosion control, and sedimentation control laws, regulations,
<br /> ordinances,rules,and regulations.
<br /> Page 21 of 52
<br /> Revised 12/24,4/25
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