Common use of Existing Hazardous Materials Clause in Contracts

Existing Hazardous Materials. Subject to the provision of Paragraph 19 of Part II, upon the discovery of any Hazardous Materials existing on the Site at the date of this Agreement, for which Contractor does not have liability under this Agreement, Contractor shall (i) promptly cease work in the affected area and direct its workers and Subcontractors not to remove or further disturb the material or item; (ii) promptly notify Company of such discovery; (iii) use all reasonable efforts to mitigate the effects of any such discovery on the Site, any property or person, and the performance of the Work and (iv) follow any and all directions of Company’s Representative with respect to such discoveries. Contractor shall at Company's expense remediate such existing Hazardous Materials but only at the direction of Company to do so.

Appears in 1 contract

Sources: Guaranteed Maximum Price Construction Agreement

Existing Hazardous Materials. Subject to the provision of Paragraph 19 of Part II, upon Upon the discovery of any Hazardous Materials existing on the Site at the date of this Agreement, for which Contractor does not have liability under this Agreement, Contractor shall (i) promptly cease work in the affected area and direct its workers and Subcontractors subcontractors not to remove or further disturb the material or item; (ii) promptly notify Company of such discovery; (iii) use all reasonable efforts to mitigate the effects of any such discovery on the Site, any property or person, and the performance of the Work and (iv) follow any and all directions of Company’s Representative with respect to such discoveries. Contractor shall at Company's expense remediate such existing Hazardous Materials but only at the direction of Company to do so.

Appears in 1 contract

Sources: Master Construction Agreement