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Page 21 of 53
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<br />mark or post signs warning of hazards existing, and shall barricade excavations, elevator shafts,
<br />stairwells and similar hazards. The CMAR shall protect against damage or injury resulting from
<br />falling materials and shall maintain all protective devices and signs throughout the progress of the
<br />Work.
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<br />21.8. The CMAR shall, at a minimum, adhere to the rules, regulations and interpretations of the North
<br />Carolina Department of Labor relating to Occupational Safety and Health Standards for the
<br />Construction Industry.
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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.
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<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.
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<br />21.11. . If reasonable precautions are inadequate to prevent foreseeable bodily injury or death to persons
<br />resulting from a material or substance encountered but not created on the site by the CMAR or its
<br />Subcontractors, the CMAR shall, upon recognizing the condition, immediately stop Work in the
<br />affected area and report the condition to the Owner and Project Designer in writing. The Owner
<br />shall take responsibility for remediation of the material or substance from the site. If the CMAR
<br />claim’s its progress in completing the Project is delayed because of the Owner’s remediation of the
<br />site, the CMAR shall file notice and a claim in accordance with this Contract. The CMAR shall not
<br />be liable for environmental matters on, under or about the premises which constitute the Project,
<br />including without limitation, those relating to fines, orders, injunctions, penalties, damages,
<br />contribution, cost recovery compensation, losses or injuries resulting from the release or threatened
<br />release of hazardous materials, special wastes or other contaminants into the environment, the
<br />development or growth of mold within or on any structures, air quality levels, and to the
<br />generation, use, storage, transportation or illegal disposal of solid wastes, hazardous materials,
<br />special wastes or other contaminants. To the fullest extent permitted by law, the Owner shall
<br />indemnify and hold harmless the CMAR, Subcontractors, Architect, Architect’s consultants, and
<br />agents and employees of any of them from and against claims, damages, losses, and expenses,
<br />including but not limited to attorneys’ fees, arising out of or resulting from performance of the
<br />Work in the affected area if in fact the material or substance presents the risk of bodily injury or
<br />death as described in Section 21.11 and has not been rendered harmless, provided that such claim,
<br />damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to
<br />or destruction of tangible property (other than the Work itself), except to the extent that such
<br />damage, loss, or expense is due to the fault or negligence of the party seeking indemnity. If,
<br />without negligence on the part of the CMAR, the CMAR is held liable by a government agency for
<br />the cost of remediation of a hazardous material or substance solely by reason of performing Work
<br />as required by the Contract Documents, the Owner shall reimburse the CMAR for all cost and
<br />expense thereby incurred. CMAR shall not be deemed the “generator” of any such Hazardous
<br />Material pre-existing at the Project Site
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<br />Docusign Envelope ID: 5A9E3BC2-EAE1-4C35-82D9-B4D6A375FA78
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