Common use of Hazardous Materials and Substances Clause in Contracts

Hazardous Materials and Substances. § 12.2.1 The Vendor is responsible for compliance with the requirements of the Contract Documents regarding hazardous materials or substances. If the Vendor encounters a hazardous material or substance not addressed in the Contract Documents, and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the Project premises by the Vendor, the Vendor shall, upon recognizing the condition, immediately stop Work in the affected area and notify the Owner and Architect of the condition. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Vendor. By written agreement between the Owner and Vendor, the Contract Time shall be extended appropriately, and the Contract Sum shall be increased in the amount of the Vendor’s reasonable additional costs of shutdown, delay, and start-up. § 12.2.2 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Vendor, sub-vendors, Architect, Architect’s consultants, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work in the affected area, if in fact, the material or substance presents the risk of bodily injury or death as described in Section § 12.2.3 If, without negligence on the part of the Vendor, the Vendor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Vendor for all cost and expense thereby incurred.

Hazardous Materials and Substances. § 12.2.1 10.3.1 The Vendor Contractor is responsible for compliance with the any requirements of included in the Contract Documents regarding hazardous materials or substances. If the Vendor Contractor encounters a hazardous material or substance not addressed in the Contract Documents, Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the Project premises site by the VendorContractor, the Vendor Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and notify the Owner and Architect of the condition. When . § 10.3.2 Upon receipt of the Contractor’s notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance has been reported by the Contractor and, in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, Work the Owner shall furnish in writing to the affected area shall resume upon written agreement Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of the Owner material or substance or who are to perform the task of removal or safe containment of the material or substance. The Contractor and Vendor. By written agreement between the Architect will promptly reply to the Owner and Vendor, in writing stating whether or not either has reasonable objection to the Contract Time shall be extended appropriately, and persons or entities proposed by the Contract Sum shall be increased in Owner. If either the amount of the Vendor’s reasonable additional costs of shutdown, delay, and start-up.Contractor or Architect has an objection to a person or entity proposed § 12.2.2 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the VendorContractor, sub-vendorsSubcontractors, Architect, Architect’s consultants, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work in the affected area, area if in fact, fact the material or substance presents the risk of bodily injury or death as described in SectionSection 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss, or expense is due to the fault or negligence of the party seeking indemnity. § 12.2.3 10.3.4 The Owner shall not be responsible under this Section 10.3 for hazardous materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible for hazardous materials or substances required by the Contract Documents, except to the extent of the Contractor’s fault or negligence in the use and handling of such materials or substances. § 10.3.5 The Contractor shall reimburse the Owner for the cost and expense the Owner incurs (1) for remediation of hazardous materials or substances the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner’s fault or negligence. § 10.3.6 If, without negligence on the part of the VendorContractor, the Vendor Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify reimburse the Vendor Contractor for all cost and expense thereby incurred.

Hazardous Materials and Substances. § 12.2.1 10.3.1 The Vendor Contractor is responsible for compliance with the any requirements of included in the Contract Documents regarding hazardous materials or substances. If the Vendor Contractor encounters a hazardous material or substance not addressed in the Contract Documents, Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the Project premises site by the VendorContractor, the Vendor Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and notify the Owner and Architect of the condition. When . § 10.3.2 Upon receipt of the Contractor’s notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance has been reported by the Contractor and, in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, Work the Owner shall furnish in writing to the affected area shall resume upon written agreement Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of the Owner material or substance or who are to perform the task of removal or safe containment of the material or substance. The Contractor and Vendor. By written agreement between the Architect will promptly reply to the Owner and Vendor, in writing stating whether or not either has reasonable objection to the Contract Time shall be extended appropriately, and persons or entities proposed by the Contract Sum shall be increased in Owner. If either the amount of the Vendor’s reasonable additional costs of shutdown, delay, and start-up.Contractor or Architect has an objection to a person or entity proposed § 12.2.2 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the VendorContractor, sub-vendorsSubcontractors, Architect, Architect’s consultants, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work in the affected area, area if in fact, fact the material or substance presents the risk of bodily injury or death as described in SectionSection 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss, or expense is due to the fault or negligence of the party seeking indemnity. § 12.2.3 10.3.4 The Owner shall not be responsible under this Section 10.3 for hazardous materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible for hazardous materials or substances required by the Contract Documents, except to the extent of the Contractor’s fault or negligence in the use and handling of such materials or substances. § 10.3.5 The Contractor shall reimburse the Owner for the cost and expense the Owner incurs (1) for remediation of hazardous materials or substances the Contractor brings to the site and negligently handles, or (2) where the § 10.3.6 If, without negligence on the part of the VendorContractor, the Vendor Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify reimburse the Vendor Contractor for all cost and expense thereby incurred.

Hazardous Materials and Substances. § 12.2.1 16.2.1 The Vendor Contractor is responsible for compliance with the requirements of the Contract Documents regarding hazardous materials or substances. If the Vendor Contractor encounters a hazardous material or substance not addressed in the Contract Documents, and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the Project premises site by the VendorContractor, the Vendor Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and notify the Owner and Architect of the condition. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and VendorContractor. By written agreement between the Owner and VendorChange Order, the Contract Time shall be extended appropriately, appropriately and the Contract Sum shall be increased in the amount of the VendorContractor’s reasonable additional costs of shutdown, delay, and start-up. § 12.2.2 16.2.2 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the VendorContractor, subSubcontractors, Sub-vendorssubcontractors, Architect, Architect’s consultants, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work in the affected area, if in fact, the material or substance presents the risk of bodily injury or death as described in SectionSection 16.2.1 and has not been rendered harmless, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss, or expense is due to the fault or negligence of the party seeking indemnity. § 12.2.3 16.2.3 If, without negligence on the part of the VendorContractor, the Vendor Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Vendor Contractor for all cost and expense thereby incurred.

Hazardous Materials and Substances. § 12.2.1 The Vendor Owner is responsible for compliance with the requirements of the Contract Documents (if any) regarding hazardous materials or substances. If the Vendor Contractor encounters a hazardous material or substance on the site not addressed in the Contract Documents, and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the Project premises site by the VendorContractor, the Vendor Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and notify the Owner and Architect of the condition. When the material or substance has been rendered harmlessharmless by Owner, Work in the affected area shall resume upon written agreement of the Owner and Vendor. By written agreement between the Owner and Vendor, the Contract Time shall be extended appropriately, and the Contract Sum shall be increased in the amount of the Vendor’s reasonable additional costs of shutdown, delay, and start-upContractor. § 12.2.2 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the VendorContractor, sub-vendors, Architect, Architect’s consultantssubcontractors, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys’ fees and expert fees, arising out of or resulting from any and all hazardous materials and substances on or brought onto the Project site, including but not limited to, the performance of the Work in the affected area, if in fact, the material or substance presents the risk of bodily injury or death as described in SectionSection 12.2.1 and has not been rendered harmless, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself). § 12.2.3 If, without negligence on If the part of the Vendor, the Vendor Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify reimburse the Vendor Contractor for all cost and expense thereby incurred.

Hazardous Materials and Substances. § 12.2.1 16.2.1 The Vendor Contractor is responsible for compliance with the requirements of the Contract Documents regarding hazardous materials or substances. If the Vendor Contractor encounters a hazardous material or substance not addressed in the Contract Documents, and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the Project premises site by the VendorContractor, the Vendor Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and notify the Owner and Manager and the Architect of the condition. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and VendorManager and the Contractor. By written agreement between the Owner and VendorChange Order, the Contract Time shall be extended appropriately, appropriately and the Contract Sum shall be increased in the amount of the VendorContractor’s reasonable additional costs of shutdown, delay, and start-up. § 12.2.2 16.2.2 To the fullest extent permitted by law, the Owner Manager shall indemnify and hold harmless the VendorContractor, sub-vendorsSubcontractors, Architect, Architect’s consultants, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work in the affected area, if in fact, the material or substance presents the risk of bodily injury or death as described in SectionSection 16.2.1 and has not been rendered harmless, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss, or expense is due to the fault or negligence of the party seeking indemnity.indemnity or such party’s failure to comply with the requirements of the Contract Documents. § 12.2.3 16.2.3 If, without negligence on the part of the VendorContractor, the Vendor Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner Manager shall indemnify the Vendor Contractor for all cost and expense thereby incurred.

Hazardous Materials and Substances. Bid Purposes § 12.2.1 16.2.1 The Vendor Contractor is responsible for compliance with the requirements of the Contract Documents regarding hazardous materials or substances. If the Vendor Contractor encounters a hazardous material or substance not addressed in the Contract Documents, and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the Project premises site by the VendorContractor, the Vendor Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and notify the Owner and Architect of the condition. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and VendorContractor. By written agreement between the Owner and VendorChange Order, the Contract Time shall be extended appropriately, appropriately and the Contract Sum shall be increased in the amount of the VendorContractor’s reasonable additional costs of shutdown, delay, and start-up. § 12.2.2 16.2.2 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the VendorContractor, sub-vendorsSubcontractors, Architect, Architect’s consultants, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work in the affected area, if in fact, the material or substance presents the risk of bodily injury or death as described in SectionSection 16.2.1 and has not been rendered harmless, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss, or expense is due to the fault or negligence of the party seeking indemnity. § 12.2.3 16.2.3 If, without negligence on the part of the VendorContractor, the Vendor Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Vendor Contractor for all cost and expense thereby incurred.

Hazardous Materials and Substances. § 12.2.1 16.2.1 The Vendor Contractor is responsible for compliance with the requirements of the Contract Documents regarding hazardous materials or substances. If the Vendor Contractor encounters a hazardous material or substance not addressed in the Contract Documents, and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons persons, property damage or contamination of air, water, soil, materials for the Work, the Work or other property resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the Project premises site by the VendorContractor, the Vendor Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and notify the Owner and Architect by telephone or other appropriate means followed by prompt confirmation of the conditioncondition in writing. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement direction of the Owner and VendorOwner. By written agreement between Except to the Owner and Vendorextent the Work stoppage under this Section 16.2.1 is caused by the negligent or other wrongful acts or omissions of the Contractor, Subcontractors, or any person or entity for whose acts or omissions any of them are responsible, the, the Contract Time shall be extended appropriately, and the Contract Sum shall be increased in the amount of the VendorContractor’s reasonable additional costs of shutdown, delay, and start-up. § 12.2.2 16.2.2 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the VendorContractor, sub-vendors, Architect, Architect’s consultantsSubcontractors, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work in the affected area, if in fact, the material or substance presents the risk of bodily injury or death as described in SectionSection 16.2.1 and has not been rendered harmless, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss, or expense is due to the fault or negligence of the party seeking indemnity. § 12.2.3 16.2.3 If, without negligence or other wrongful acts or omissions on the part of the VendorContractor, the Vendor Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Vendor Contractor for all cost and expense thereby incurred.

Hazardous Materials and Substances. § 12.2.1 11.2.1 The Vendor Contractor is responsible for compliance with the requirements of the Contract Documents regarding hazardous materials or substances. If the Vendor Contractor encounters a hazardous material or substance not addressed in the Contract Documents, and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the Project premises site by the VendorContractor, the Vendor Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and notify the Owner and Architect of the condition. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and VendorContractor. By written agreement between the Owner and VendorChange Order, the Contract Time shall be extended appropriately, appropriately and the Contract Sum shall be increased in the amount of the VendorContractor’s reasonable additional costs of shutdown, delay, and start-up. § 12.2.2 11.2.2 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the VendorContractor, sub-vendors, Architect, Architect’s consultantsSubcontractors, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work in the affected area, if in fact, the material or substance presents the risk of bodily injury or death as described in Sectionand has not been rendered harmless, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss, or expense is due to the fault or negligence of the party seeking indemnity. § 12.2.3 If, without negligence on 11.2.3 If the part of the Vendor, the Vendor Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Vendor Contractor for all cost and expense thereby incurred.