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<br /> The Contractor shall comply with and give notices required by applicable laws, statutes, ardinances, codes, rules and
<br /> regulations, and lawful orders of public authorities bearing on safety of persons and property and their protection from
<br /> damage, injury or loss. T'he Contractor shall promptly remedy damage and loss to property caused in whole or in part
<br /> by the Contractor, a Subcontractor, a sub-subcontractor, or anyone directly or indirectly employed by any of them, or
<br /> by anyor►e for whose acts they may be liable and for which the Contractor is responsible under Sections 16.1.2 and
<br /> 16.1.3, except for damage or loss attributable to acts ar omissions ofthe Owner or Architect or by anyone for whose
<br /> ads eidier of them may be liable, and not attributable to the fault or negligence of the Contractar. The foregoing
<br /> obligations of the Contractor are in addition to the Contractor's obligations under Section 9.15.
<br /> S 16.2 HAZARDOUS MATERIALS
<br /> § 16.2.1 The Cantracta is responsible for compliance with the requirements of the Contract Documents regarding
<br /> haTardous m�taials. 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 frari a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB),
<br /> enoountaed on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop
<br /> Work in the affected area and report the condi6on to the Owner and Architect in writing. When the material or
<br /> s�stance has been rendered hannless, 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 /> incre�.sed in the amount of the Contractor's reasonable additional costs of shutdown, delay and start-up.
<br /> § 18.2.2 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor,
<br /> Subcontractors, Architoct, Architect's consultants and agents and employees of any of them from and against claims,
<br /> 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 Sedia� 16.2.1 and has not been rendered harmless, provided that such claim, damage, loss or
<br /> expense is attributable to bodily injury, siclrness, disease or death, or to injury to or destrucfion of tangible property
<br /> (othc t�►sn the Wo�1c itsel fl, except to the extent that such damage, loss or expense is due to the fault ar negligence of
<br /> the party seeking indemnity.
<br /> § 18.2,3 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for
<br /> tfie cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the
<br /> Contract Documenis, the Owner shall indemnify the Contractor for all wst and expense thereby incurred.
<br /> ARTICLE 17 INSURANCE AND BONDS
<br /> § 17.1 The Contracta shall purchase &om, and maintain in a company or companies lawfully authorized to do
<br /> business in tt►e j�uisdiction in which the Project is located, insurance for protection from claims under workers'
<br /> co�npeasation acts and other employee benefit acts which are applicable, claims for damages because of bodily injury,
<br /> including death, and claims for damages, other than to the Work itself, to property which may arise out of or result
<br /> from the Contractor's operations and completed operations under the Contract, whether such operations be by the
<br /> Cartractor or by a Subcontractor or anyone directly or indirectly employed by any of them. This insurance shall be
<br /> writta� for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage
<br /> is greater, and shall inciude contractualliability insurance applicable to the Contractor's obligations under Section
<br /> 9.1 S. Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the
<br /> Work. Each policy shall contain a provision that the policy will not be canceled or allowed to expire until at least 30
<br /> days' prior written natice has been given to the Owner. The Contractor shall cause the commercial liability coverage
<br /> required by the Contrad Documents to include: (1) the Owner, the Architect and the Architect's Consultants as
<br /> additional ins�veds for claims caused in whole or in part by the Contractor's negligent acts or omissions during the
<br /> Contractor's operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the
<br /> Contractor's negligent acts or omissions during the Contractor's completed operations.
<br /> § 17.2 ONVNER'S LIABILITY INSURANCE
<br /> 'I'hie Owna 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 /> autharized to do business in the jurisdiction in which the Project is located, properiy insurance on an"all-risk" or
<br /> equivalent policy form, including builder's risk, in the amount of the initial Contract Sum, plus the value of subsequent
<br /> Init. AIA gocument A107TTM — 2007. Copyright m 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects.
<br /> All ri hts reserved. WARNINa: This AIA Documsnt b protscted by U.S. Copyriyht Law and Intemadonai Troatles. Unauthorized reproductlon or 14
<br /> distributlon of this AIA Doeument, or any portlon of it, mry nault in saven eNll and eriminal penaltles, and wlll bs prosseutsd to ths msximum extent
<br /> � possibls undsr the law. This document was produced by AIA software at 11 �15:12 on 11/04/2011 under Order No.0875262049_1 which expires on 10/29/2012,
<br /> and is nat for resale.
<br /> User Notes: (945440306)
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