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§ 10.2.7 The Design -Builder shall not permit any part of the construction or site to be loaded so as to cause damage
<br />or create an unsafe condition.
<br />§ 10.2.8 Injury or Damage to Person or Property. If the Owner or Design -Builder suffers injury or damage to person or
<br />property because of an act or omission of the other, or of others for whose acts such party is legally responsible,
<br />written notice of the injury or damage, whether or not insured, shall be given to the other party within a reasonable
<br />time not exceeding 21 days after discovery. The notice shall provide sufficient detail to ena the other party to
<br />investigate the matter.
<br />§ 10.3 Hazardous Materials
<br />§ 10.3.1 The Design -Builder is responsible for compliance with any requirements included M"" the Design -Build
<br />6stance not
<br />Documents regarding hazardous materials. If the Design -Builder encounters a hazardous mdtHatW
<br />addressed in the Design -Build Documents and if reasonable precautions will be inadequate t prevent foreseeable
<br />3
<br />bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or
<br />polychlorinated biphenyl (PCB), encountered on the site by the Design -Builder, the Design -,wilder shall, upon
<br />recognizing the condition, immediately stop Work in the affected area and report the conditiqlii to the Owner in
<br />writing.
<br />-Builder's written notice the Owner shall obtain the services § 10.3.2 Upon receipt of the Design Ices 1' f a licensed
<br />laboratory to verify the presence or absence of the material or substance reported by the De§ign-p4ilder and, in the
<br />event such material or substance is found to be present, to cause it to be rendered harmless. Unlesshleotherwise
<br />I I "I
<br />required by the Design -Build Documents, the Owner shall furnish in writing to the Design-8-6ild 'names and
<br />qualifications of persons or entities who are to perform tests verifying the presence or absence of such 1� naterial or
<br />substance or who are to perform the task of removal or safe containment of such material or substance. The Design -
<br />Builder will promptly reply to the Owner in writing stating whether or not the Design -Builder has reasonable
<br />objection to the persons or entities proposed by the Owner. If the Design -Builder has an objection 0' aP
<br />l.!l erson or
<br />-
<br />entity proposed by the Owner, the Owner shall propose another to whom the Design -Builder hasasonable
<br />objection. When the material or substance has been rendered harmless, Work in the affected area fall resume upon
<br />written agreement of the Owner and Design -Builder. By Change Order, the Contract Time shallextended
<br />appropriately and the Contract Sum shall be increased in the amount of the Design -Builder' rable additional
<br />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 e., sign -
<br />Builder, the
<br />Architect Consultants, and Contractors, and employees of any of them, from and against claims, damages, losses
<br />and expenses, including but not limited to attorneys' fees, arising out of or resulting from performanc6 of the Work
<br />in the affected area if in fact the material or substance presents the risk of bodily injury or de.ath, as described in
<br />Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss of e?cp en "§es attributable
<br />to bodily injury, sickness, disease or death, or to injury to, or destruction of, tangible property:,..-,,"(6th.,r,:than the Work
<br />itself), except to the extent that such damage, loss or expense is due to the fault or negligenc,1of1h`-`e-'-"p arty- seeking
<br />indemnity.
<br />§ 10.3.4 The Owner shall not be responsible under this Section 10.3 for materials or substandids th-d Design -Builder
<br />, ?,
<br />brings to the site unless such materials or substances are required by the Owner's Criteria. Th-".ia,,,.,O.'..,ner-,,shall be
<br />responsible for materials or substances required by the Owner's Criteria, except to the extent of the De"Isign-Builder's
<br />fault or negligence in the use and handling of such materials or substances.
<br />§ 10.3.5 The Design -Builder shall indemnify the Owner for the cost and expense the Owner inc:-u"*'r'::�s':(-,-"I) for
<br />remediation of a material or substance the Design -Builder brings to the site and negligently h6ndl-e,!a *6r (2) where the
<br />Design -Builder fails to perform its obligations under Section 10.3.1, except to the extent that,"the cosh and expense
<br />are due to the Owner's fault or negligence.
<br />§ 10.3.6 If, without negligence on the part of the Design -Builder, the Design -Builder is held i4ble by government
<br />agency for the cost of remediation of a hazardous material or substance solely by reason of p6rfon-nil' Work as
<br />g
<br />-Build Documents, the Owner shall indemnify the Design -Builder all A ' A� d expense
<br />required by the Design
<br />thereby incurred.
<br />AIA Document A1411 - 2014. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. WARNING: This AIA�'
<br />Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAP Document, 25
<br />or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the
<br />law. This draft was produced by AIA software at 13:59:58 ET on 04/09/2020 under Order No. 3456073873 which expires on 04/04/2021, and is
<br />not for resale.
<br />User Notes: (3B9ADA54)
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