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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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