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§ 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract,
<br />reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards,
<br />promulgating safety regulations and notifying owners and users of adjacent sites and utilities.
<br />§ 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are
<br />necessary for execution of the Work, the Contractor shall 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 loss (other than damage or loss insured under property
<br />insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in
<br />whole or in part by the Contractor, a Subcontractor, a Sub -subcontractor, or anyone directly or indirectly employed
<br />by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under
<br />Sections 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or
<br />anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable,
<br />and not attributable to the fault or negligence of the Contractor_ The foregoing obligations of the Contractor are in
<br />addition to the Contractor's obligations under Section 3.18.
<br />§ 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty
<br />shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise
<br />designated by the Contractor in writing to the Owner and Architect.
<br />§ 10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its
<br />safety.
<br />§ 10.3 HAZARDOUS MATERIALS
<br />§ 10.3.1 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons
<br />resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB),
<br />encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop
<br />Work in the affected area and report the condition to the Owner and Architect in writing.
<br />§ 10.3.2 The Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material
<br />or substance reported by the Contractor and, in the event such material or substance is found to be present, to verify
<br />that it has been rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in
<br />writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests
<br />verifying the presence or absence of such material or substance or who are to perform the task of removal or safe
<br />containment of such material or substance. The Contractor and the Architect will promptly reply to the Owner in
<br />writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If
<br />either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall
<br />propose another to whom the Contractor and the Architect have no reasonable objection. When the material or
<br />substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner
<br />and Contractor. The Contract Time shall be extended appropriately and the Contract Sum shall be increased in the
<br />amount of the Contractor's reasonable additional costs of shut -down, delay and start-up, which adjustments shall be
<br />accomplished as provided in Article 7.
<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) and provided that such damage, loss or expense is not due to the sole negligence of a
<br />party seeking indemnity.
<br />§ 10A The Owner shall not be responsible under Section 10.3 for materials and substances brought to the site by the
<br />Contractor unless such materials or substances were required by the Contract Documents.
<br />[nit. Institute
<br />Document A201 TM —1997. Copyright ®1911, 1915, 1918, 1925, 1937, 1951, 1956, 1961, 1963, 1966, 1970, 1976, 1987 and 1997 by The American
<br />Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 31
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