Common use of Hazardous Materials and Substances Clause in Contracts

Hazardous Materials and Substances. Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials or substances. If 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 asbestos or polychlorinated biphenyl (PCB), encountered on the site by Contractor, Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and notify Owner and Architect/Engineer of the condition. Upon receipt of Contractor’s written notice, if Owner desires to proceed with the Project, Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by Contractor and, in the event such material or substance is found to be present, to cause it to be rendered harmless. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately. Contractor shall not use or permit the use of any hazardous substance at the Project site without the express written consent of Owner. Contractor shall provide Owner with Material Safety Data Sheets for all hazardous materials or substances prior to bringing such materials to the Project site. Owner shall not be responsible under this Section 10.8.3 for hazardous materials or substances Contractor brings to the site unless such materials or substances are required by the Contract Documents. To the extent of Contractor’s fault or negligence in the use and handling of such hazardous materials or substances, to the fullest extent permitted by law, Contractor shall indemnify and hold harmless Owner Indemnitees (as defined under Paragraph 14.4 of the Agreement) from an against claims, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of resulting from bodily injury (including, without limitation, sickness or death) or damage to property related to use or misuse of such hazardous materials or substances, except to the extent of the sole fault or negligence of Owner or an Owner Indemnitee. Contractor shall reimburse Owner for the cost and expense Owner incurs (1) for remediation of hazardous materials or substances Contractor brings to the site and negligently handles, or (2) where Contractor fails to perform its obligations under Section 10.8.1, except to the extent that the cost and expense are due to Owner’s fault or negligence If, without fault or negligence on the part of Contractor, 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, Owner shall reimburse Contractor for all cost and expense thereby incurred.

Hazardous Materials and Substances. § 16.2.1 The Contractor is responsible for compliance with any the requirements included in of the Contract Documents regarding hazardous materials or substances. If the 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 site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and notify the Owner and Architect/Engineer Architect of the condition. Upon receipt of Contractor’s written notice, if Owner desires to proceed with the Project, Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by Contractor and, in the event such material or substance is found to be present, to cause it to be rendered harmless. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately. Contractor shall not use or permit the use of any hazardous substance at the Project site without the express written consent of Owner. Contractor shall provide Owner with Material Safety Data Sheets for all hazardous materials or substances prior to bringing such materials to the Project site. Owner shall not be responsible under this Section 10.8.3 for hazardous materials or substances Contractor brings to the site unless such materials or substances are required by appropriately and the Contract Documents. To Sum shall be increased in the extent amount of the Contractor’s fault or negligence in the use reasonable additional costs of shutdown, delay, and handling of such hazardous materials or substances, to start-up. § 16.2.2 To the fullest extent permitted by law, Contractor the Owner shall indemnify and hold harmless Owner Indemnitees (as defined under Paragraph 14.4 the Contractor, Subcontractors, Architect, Architect’s consultants, and agents and employees of the Agreement) any of them from an and against claims, damages, losses, and expenses, including reasonable 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 (includingor death as described in Section 16.2.1 and has not been rendered harmless, without limitationprovided that such claim, sickness damage, loss, or expense is attributable to bodily injury, sickness, disease or death) or damage to property related to use or misuse of such hazardous materials or substances, except to the extent of the sole fault or negligence of Owner or an Owner Indemnitee. Contractor shall reimburse Owner for the cost and expense Owner incurs (1) for remediation of hazardous materials or substances Contractor brings to the site and negligently handles, or to injury to or destruction of tangible property (2) where Contractor fails to perform its obligations under Section 10.8.1other than the Work itself), except to the extent that the cost and such damage, loss, or expense are is due to Owner’s the fault or negligence of the party seeking indemnity. § 16.2.3 If, without fault or negligence on the part of the Contractor, the 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 reimburse indemnify the Contractor for all cost and expense thereby incurred.