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The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and <br /> regulations, and lawful orders of public authorities bearing on safety of persons and property and their protection <br /> from damage, injury or loss. The Contractor shall promptly remedy damage and loss to property caused in whole or <br /> in part by the Contractor, a Subcontractor, a sub - subcontractor, or anyone directly or indirectly employed by any of <br /> them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections <br /> 16.1.2 and 16.1.3, except for damage or loss attributable to acts or omissions of the Owner or Architect or by anyone <br /> for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The <br /> foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 9.15. <br /> § 16.2 HAZARDOUS MATERIALS <br /> § 16.2.1 The Contractor is responsible for compliance with the requirements of the Contract Documents regarding <br /> hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract <br /> Documents, and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons <br /> resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), <br /> encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop <br /> Work in the affected area and report the condition to the Owner and Architect in writing. When the material or <br /> substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner <br /> and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be <br /> increased in the amount of the Contractor's reasonable additional costs of shutdown, delay and start-up. <br /> § 16.2.2 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, <br /> Subcontractors, Architect, Architect's consultants and agents and employees of any of them from and against <br /> claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from <br /> performance of the 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 16.2.1 and has not been rendered harmless, provided that such claim, damage, loss or <br /> expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property <br /> (other than the Work itself), except to the extent that such damage, loss or expense is due to the fault or negligence <br /> of the party seeking indemnity. <br /> § 16.2.3 If, without negligence on the part of the Contractor, the Contractor 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 as required by the <br /> Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. <br /> ARTICLE 17 INSURANCE AND BONDS <br /> § 17.1 The Contractor shall purchase from, and maintain in a company or companies lawfully authorized to do <br /> business in the jurisdiction in which the Project is located, insurance for protection from claims under workers' <br /> compensation acts and other employee benefit acts which are applicable, claims for damages because of bodily <br /> injury, including death, and claims for damages, other than to the Work itself, to property which may arise out of or <br /> result from the Contractor's operations and completed operations under the Contract, whether such operations be by <br /> the Contractor or by a Subcontractor or anyone directly or indirectly employed by any of them. This insurance shall <br /> be written for not less than limits of liability specified in the Contract Documents or required by law, whichever <br /> coverage is greater, and shall include contractual liability insurance applicable to the Contractor's obligations under <br /> Section 9.15. Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to <br /> commencement of the Work. Each policy shall contain a provision that the policy will not be canceled or allowed to <br /> expire until at least 30 days' prior written notice has been given to the Owner. The Contractor shall cause the <br /> commercial liability coverage required by the Contract Documents to include: (1) the Owner, the Architect and the <br /> Architect's Consultants as additional insureds for claims caused in whole or in part by the Contractor's negligent <br /> acts or omissions during the Contractor's operations; and (2) the Owner as an additional insured for claims caused in <br /> whole or in part by the Contractor's negligent acts or omissions during the Contractor's completed operations. <br /> § 17.2 OWNER'S LIABILITY INSURANCE <br /> The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. <br /> § 17.3 PROPERTY INSURANCE <br /> § 17.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully <br /> authorized to do business in the jurisdiction in which the Project is located, property insurance on an "all- risk" or <br /> Init. AIA Document Al 07' — 2007. Copyright ® 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 197'8, 1987, 1997 and 2007 by The American Institute of <br /> Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 14 <br /> reproduction or distribution of this Ale Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the <br /> maximum extent possible under the law. This document was produced by AIA software at 13:11:21 on 09/15/2009 under Order No.8649255540_1 which <br /> expires on 09/30/2010, and is not for resale. <br /> User Notes: (1093954413) <br />