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§ 15.7.1 Upon receipt of the Contractor's notice that the Work is ready for final inspection and acceptance and upon
<br />receipt of a final Application for Payment, Owner will promptly make such inspection and, when the Owner
<br />reasonably finds the Work acceptable under the Contract Documents and the Contract fully performed, the Owner
<br />will approve a final Application for Payment.
<br />§ 15.7.2 Final payment shall not become due until the Contractor has delivered to the Owner a complete release of all
<br />liens arising out of this Contract or receipts in full covering all labor, materials and equipment for which a lien could
<br />be filed, or a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied
<br />after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay
<br />in discharging such lien, including costs and reasonable attorneys' fees, unless Contractor is proceeding diligently and
<br />in good faith to contest such lien and has famished to Owner a bond or undertaking to reasonably protect Owner
<br />against such lien.
<br />§ 15.73 The making of final payment shall constitute a waiver of claims by the Owner except those arising from
<br />.1 liens, claims, security interests or encumbrances arising out of the Contract and unsettled;
<br />.2 failure of the Work to comply with the requirements of the Contract Documents;
<br />3 terms of special warranties required by the Contract Documents.
<br />§ 15.7.4 Acceptance of final payment by the Contractor, a Subcontractor or supplier shall constitute a waiver of claims
<br />by that payee except those previously made in writing and identified by that payee as unsettled at the time of the final
<br />Application for Payment.
<br />ARTICLE 16 PROTECTION OF PERSONS AND PROPERTY
<br />§ 16.1 Safety Precautions and Programs
<br />The Contactor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in
<br />connection with the performance of the Work. The Contractor shall take reasonable precautions for safety of, and shall
<br />provide reasonable protection to prevent damage, injury, or loss to
<br />.1 employees on the Work and other persons who may be affected thereby;
<br />.2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the
<br />site, under care, custody, or control of the Contractor, a Subcontractor, or a Sub-subcontractor; and
<br />3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements,
<br />roadways, structures and utilities not designated for removal, relocation, or replacement in the
<br />course of construction.
<br />The Contractor shall comply with, and give notices required by, applicable laws, statutes, ordinances, codes, ales and
<br />regulations, and lawful orders of public authorities bearing on safety of persons and property and their protection from
<br />damage, injury, or loss. The Contactor shall promptly remedy damage and loss to property only to the extent caused
<br />by the Contactor, a Subcontractor, a sub-subcontractor, or anyone directly or indirectly employed by any of them, or
<br />by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 16.1.2 and
<br />16.1.3. The Contractor may make a claim for the cost to remedy the damage or loss to the extent such damage or loss
<br />is attributable to acts or omissions of the Owner or any of Owner's Separate Contractors or by anyone for whose acts
<br />either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations
<br />of the Contractor are in addition to the Contractor's obligations under Section 9.15.
<br />§ 16.2 Hazardous Materials and Substances
<br />§ 161.1 The Contractor is responsible for compliance with the requirements of the Contract Documents regarding
<br />hazardous materials or substances Contractor brings to the Premises and legal disposal of those Contractor removes
<br />from the Premises. If the Contractor encounters a hazardous material or substance not addressed in the Contract
<br />Documents, and 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, polychlorinated biphenyl (PCB), lead-
<br />based paint, oil and petroleum products and their constituents, or any materials containing any of the foregoing
<br />(`Hazardous Substance") encountered on the Premises by the Contactor, the Contractor shall, upon recognizing the
<br />condition, immediately stop Work in the affected area and notify the Owner of the condition. When the material or
<br />substance has been rendered harmless by Owner, Work in the affected area shall resume upon Winton agreement of
<br />the Owner and Contractor. By Change Order, the Contract Time shall he extended appropriately and the Contract Sum
<br />shall be increased in the amount ofthe Contractor's reasonable additional costs ofshutdown, delay, and sten-up.
<br />§ 161.2 To the fullest extent permitted by law, the Owner waives all claims against Contractor, Subcontractors,
<br />Subconsultants, and agents and employces of any of them from and against all claims, damages, losses, and expenses,
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