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extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable
<br /> additional costs of shut-down,delay and 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
<br /> claims,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
<br /> of the party seeking indemnity.
<br /> § 10.3.4 The Owner shall not be responsible under this Section 10.3 for materials or substances the Contractor brings
<br /> to the site unless such materials or substances are required by the Contract Documents.The Owner shall be
<br /> responsible for materials or substances required by the Contract Documents,except to the extent of the Contractor's
<br /> fault or negligence in the use and handling of such materials or substances.
<br /> § 10.3.5 The Contractor shall indemnify the Owner for the cost and expense the Owner incurs(1)for remediation of
<br /> a material or substance the Contractor brings to the site and negligently handles,or(2)where the Contractor fails to
<br /> perform its obligations under Section 10.3.1,except to the extent that the cost and expense are due to the Owner's
<br /> 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
<br /> for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by
<br /> the Contract Documents,the Owner shall indemnify 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
<br /> on 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 LIABILITY INSURANCE
<br /> § 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do
<br /> business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims
<br /> set forth below which may arise out of or result from the Contractor's operations and completed operations under
<br /> the Contract and for which the Contractor may be legally liable,whether such operations be by the Contractor or by
<br /> a Subcontractor or by anyone directly or indirectly employed by any of them,or by anyone for whose acts any of
<br /> them may be liable:
<br /> .1 Claims under workers'compensation,disability benefit and other similar employee benefit acts that
<br /> are applicable to the Work to be performed;
<br /> .2 Claims for damages because of bodily injury,occupational sickness or disease,or death of the
<br /> Contractor's employees;
<br /> .3 Claims for damages because of bodily injury,sickness or disease,or death of any person other than
<br /> the Contractor's employees;
<br /> 4 Claims for damages insured by usual personal injury liability coverage;
<br /> .5 Claims for damages,other than to the Work itself,because of injury to or destruction of tangible
<br /> property,including loss of use resulting therefrom;
<br /> .6 Claims for damages because of bodily injury,death of a person or property damage arising out of
<br /> ownership,maintenance or use of a motor vehicle;
<br /> .7 Claims for bodily injury or property damage arising out of completed operations; and
<br /> .8 Claims involving contractual liability insurance applicable to the Contractor's obligations under
<br /> Section 3.18.
<br /> § 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in the
<br /> Contract Documents or required by law,whichever coverage is greater.Coverages,whether written on an
<br /> occurrence or claims-made basis,shall be maintained without interruption from the date of commencement of the
<br /> AIA Document A201 T"—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American
<br /> Init. Institute of Architects.All rights reserved.WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 30
<br /> reproduction or distribution of this AIA* Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to
<br /> / the maximum extent possible under the law.This document was produced by AIA software at 15:14:50 on 11/01/2016 under Order No.4982744446_1 which
<br /> expires on 07/01/2017,and is not for resale.
<br /> User Notes: (2035499384)
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