|
promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities
<br />proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the
<br />Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection.
<br />When the material or substance has been rendered harmless, Work in the affected area shall resume upon written
<br />agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the
<br />Contract Sum shall be increased by the amount of the Contractor's reasonable additional costs of shutdown, delay, and
<br />start-up.
<br />§ 10.3.3 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 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 Section 10.3.1 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 of
<br />the party seeking indemnity.
<br />§ 10.3.4 The Owner shall not be responsible under this Section 10.3 for hazardous materials or substances the
<br />Contractor brings to the site unless such materials or substances are required by the Contract Documents. The Owner
<br />shall be responsible for hazardous materials or substances required by the Contract Documents, except to the extent of
<br />the Contractor's fault or negligence in the use and handling of such materials or substances.
<br />§ 10.3.5 The Contractor shall reimburse the Owner for the cost and expense the Owner incurs (1) for remediation of
<br />hazardous materials or substances the Contractor brings to the site and negligently handles, or (2) where the
<br />Contractor fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due
<br />to the Owner's fault or negligence.
<br />§ 10.3.6 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 reimburse the Contractor for all cost and expense thereby incurred.
<br />§ 10.4 Emergencies
<br />In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to
<br />prevent threatened damage, injury, or loss. Additional compensation or extension of time claimed by the Contractor on
<br />account of an emergency shall be determined as provided in Article 15 and Article 7.
<br />ARTICLE 11 INSURANCE AND BONDS
<br />§ 11.1 Contractor's Insurance and Bonds
<br />§ 11.1.1 The Contractor shall purchase and maintain insurance of the types and limits of liability, containing the
<br />endorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract
<br />Documents. The Contractor shall purchase and maintain the required insurance from an insurance company or
<br />insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The
<br />Owner, Architect, and Architect's consultants shall be named as additional insureds under the Contractor's
<br />commercial general liability policy or as otherwise described in the Contract Documents.
<br />§ 11.1.2 The Contractor shall provide surety bonds of the types, for such penal sums, and subject to such terms and
<br />conditions as required by the Contract Documents. The Contractor shall purchase and maintain the required bonds
<br />from a company or companies lawfully authorized to issue surety bonds in the jurisdiction where the Project is
<br />located.
<br />§ 11.1.3 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of
<br />obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a
<br />copy to be furnished.
<br />§ 11.1.4 Notice of Cancellation or Expiration of Contractor's Required Insurance. Within three (3) business days of the
<br />date the Contractor becomes aware of an impending or actual cancellation or expiration of any insurance required by
<br />the Contract Documents, the Contractor shall provide notice to the Owner of such impending or actual cancellation or
<br />Init. AIA Document A2018— 2017. Copyright© 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The
<br />American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A201," and "AIA Contract Documents" are 31
<br />registered trademarks and may not be used without permission. This document was produced by AIA software at 11:53:33 CT on 10/15/2020 under Order
<br />I No.6421824392 which expires on 04/24/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract
<br />Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.
<br />User Notes: (1263491182)
<br />
|