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• PROTECTION OF PERSONS AND PROPERTY
<br />10.1 SAFETY PRECAUTIONS AND PROGRAMS
<br />10.1.1 The Contractor shall be responsible for initiating,
<br />maintaining and supervising all safety precautions and
<br />programs in connection with the performance of the Contract.
<br />10.1.2 In the event the Contractor encounters on the site
<br />material reasonably believed to be asbestos or
<br />polychlorinated biphenyl (PCB) which has not been rendered
<br />harmless, the Contractor shail immediately stop Work in the
<br />area affected and report the condition to the Owner and
<br />Architect in writing. The Work in the affected azea shatl not
<br />thereafter be resumed except by written agreement of the
<br />Owner and Contractor if in fact the material is asbestos or
<br />polychlorinated biphenyl (PCB) and has not been rendered
<br />harmless. The Work in the affected area shall be resumed in
<br />the absence of asbestos or polychlorinated biphenyl (PCB), or
<br />when it has been rendered harmless, by written agreement of
<br />the Owner and Contractor, or in accordance with final
<br />determination by the Architect on which arbitration has not
<br />been demanded, or by arbitradon under Article 4.
<br />10.1.3 The Contractor shall not be required pursuant to
<br />Article 7 to perform without consent any Work relating to
<br />asbestos or polychlorinated biphenyl (PCB).
<br />10.1.4 To the fullest extent permitted by law, the Owner
<br />shall indemnify and hold hazmless the Contractor, Architect,
<br />ArchitecYs consultants and agents and employees of any of
<br />them from and against claims, damages, losses and expenses,
<br />including but not limited to attomeys' fees, arising out of or
<br />tesulting from performance of the Work in the affected area if
<br />in fact the material is asbestos or polychlorinated biphenyl
<br />(PCB) and has not been rendered harmless, provided that
<br />such claim, damage, loss or expense is attributable to bodily
<br />injury, sickness, disease or death, or to injury, to or
<br />destruction of tangible property (other than the Work itsel~
<br />including loss of use resulting therefrom, but only to the
<br />extent caused in whole or in part by negligent acts or
<br />omissions of the Owner, anyone directly or indirectly
<br />employed by the Owner or anyone for whose acts the Owner
<br />may be liable, regardless of whether or not such claim,
<br />damage, loss or expense is caused in part by a party
<br />indemnified hereunder. Such obligation shall not be
<br />construed to negate, abridge, or reduce other righu or
<br />obligations of indemnity which would otherwise exist as to a
<br />party or person described in this Subparagraph 10.1.4.
<br />10.2 SAFETY OF PERSONS AND PROPERTY
<br />10.2.1 The Contractor shall take reasonable precautions for
<br />safety of, and shall provide reasonable protection to prevent
<br />damage, injury or loss to:
<br />.1 employees on the Work and other persons who ma• ~
<br />be affected thereby; „~,r}
<br />.2 the Work and materials and equipment to be
<br />incorporated therein, whether in storage on or off the
<br />site, under care, custody or conh~ol of the Contractor
<br />or the Contractor's Subcontractors or
<br />Sub-subcontractors; and
<br />.3 other property at tt-e site or adjacent thereto, such as
<br />trees, shrubs, lawns, walks, pavemenu, roadways,
<br />structures and utilities not designated for removal,
<br />relocation or replacement in the course of
<br />constivction.
<br />10.2.2 The Contractor shall give notices and comply with
<br />applicable laws, ordinances, rules, regulations and lawfui
<br />orders of public authorities bearing on safety of persons or
<br />property or their protection from damage, injury or loss.
<br />10.2.3 The Contractor shall erect and maintain, as required
<br />by existing conditions and performance of the Contract,
<br />reasonable safeguards for safety and protection, including
<br />posting danger signs and other warnings against hazards,
<br />promulgating safety regulations and notifying owners and
<br />users of adjacent sites and utilities.
<br />10.2.4 When use or storage of explosives or othe,~,,,,,~+''
<br />hazardous materials or equipment or unusual methods are
<br />necessary for execution of the Work, the Contractor shall
<br />exercise utmost care and carry on such activities under
<br />supervision of properly qualified personnel.
<br />10.2.5 The Contractor shall promptly remedy damage and
<br />loss (other than damage or loss insured under properry
<br />insurance required by the Contract Documents) to property
<br />referred to in Clauses 10.2.12 and 10.2.1.3 caused in whole
<br />or in part by the Contractor, a Subcontractor, a
<br />Sub-subcontractor, or anyone directly or indirectly employed
<br />by any of them, or by anyone for whose acts they may be
<br />liable and for which the Conti-actor is responsible under
<br />Clauses 10.2.1.2 and 10.2.1.3, except damage or loss
<br />attributable to acts or omissions of the Owner or Architect or
<br />anyone directly or indirectly employed by either of them, or
<br />by anyone for whose acu either of them may be liable, and
<br />not attributable to the fault or negligence of the Contractor.
<br />The foregoing obligations of the Contractor are in addition to
<br />the Contractor's obligations under Paragraph 3.18.
<br />10.2.6 The Contractor shall designate a responsible member
<br />of the Contractor's organization at the site whose duty sha(I
<br />be the prevention of accidenu. This person shall be the
<br />Owner-Contractor Agreement General Conditions Supplement (For AIA Doc. A201)
<br />Paye - User pocument: A201 -- 12/29/1998. AIA License Number 100632, which expires on 12/7/1999 -- Pag~'rl
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