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including but not limited to amomeys' fees, arising out of or resulting from performance of the Work in the affected
<br />area, if in fact, the material or substance presents the risk of bodily injury or death as described in Section 16.2.1 and
<br />has not been rendered harmless by Owner, provided that such claim, damage, loss, or expense is attributable to bodily
<br />injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except
<br />W the extent that such damage, loss, or expense is due to the fault or negligence of the Contractor, Subcontractors or
<br />Subconsultants. Contractor shall have the right to accept or decline any compromise or settlement of any claims or
<br />actions against Contractor.
<br />§ 162.3 The Owner shall be responsible for all fines and costs and expenses in connection with remediation of a
<br />hazardous material or substance solely by reason of performing Work as required by the Contract Documents.
<br />§ 16.2.3.1 During the tern of this Agreement, each Party shal I promptly notify the other of any summons, citation,
<br />directive, notice, complaint, letter or other communication, written or oral, received by that Party from any state or
<br />fedeml Environmental Protection Agency or any other governing authority concerning (i) any alleged violations of
<br />any state or federal environmental or health and safety law, or (ii) any investigation or request for information relating
<br />to the generation, use, handling, packing, transportation, comment, storage, release, or disposal of Hazardous
<br />Materials with respect to the Work or the Site.
<br />§ 162.4 Contractor will remove or recycle existing equipment and materials deemed unfit for use (unless such
<br />equipment or materials are hazardous). Contractor will transport such items to a salvage yard for recycling to the
<br />extent economically sensible. Any salvage value is the property of Contractor. Any deviations shall be mutually
<br />approved by Contractor and Owner prior to commencement.
<br />§ 16.2.5 Contractor expressly disclaims any and all responsibility and liability for the indoor air quality of the Owner's
<br />Premises, including without limitation, injury or illness to occupants of the facility or third parties, including without
<br />limitation any illness, injury, or damage resulting in any manner from any fungi or spores, any substance, vapor or
<br />gas produced by or arising out of any fungi or spores, or any material, product, building component or structure that
<br />contains, harbors, nurtures or acts as a medium for any fungi or spores.
<br />ARTICLE 17 INSURANCE AND BONDS
<br />§ 17.1 Contractor's Insurance
<br />§ 17.1.1 The Contractor shall purchase and maintain insurance of the types and limits of liability, containing the
<br />endorsements, and subject to the terns and conditions, as described in Exhibit A. The Contractor shall purchase and
<br />maintain the insurance required by this Agreement from an insurance company or insurance companies lawfully
<br />authorized m issue insurance in thejurisdiction where the Project is located. The Contractor shall maintain the required
<br />insurance until the expiration of the period for correction of Work as set forth in Section 18.4, unless a different
<br />duration is stated in Exhibit A.
<br />§ 172 Owner's Insurance
<br />§ 17.2.1 Owner's Liability Insurance
<br />The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance as provided by
<br />Exhibit A.
<br />§ 17.2.2 Property Insurance
<br />§ 17.22.1 As provided by Exhibit A, Contractor shall purchase and maintain, from an insurance company or insurance
<br />companies lawfully authorized to issue insurance in the jurisdiction where the Project is located, builder's risk
<br />insurance written on a builders risk "all-risks" completed value or equivalent policy form and sufficient to cover the
<br />total value of the entire Project on a replacement cost basis (the "Builder's Risk Insurance"). On existing buildings
<br />and other facilities, the Owner shall maintain its usual property insurance coverage and provide Owner's property
<br />insurer's consent m the Work ("Owner's Property Insurance"). The Builder's Risk Insurance shall be no less than the
<br />amount of the initial Contract Sum, plus the value of subsequent Modifications. The Builder's Risk Insurance shall
<br />be maintained until Substantial Completion and, thereafter, the Owner shall continue to maintain Owner's Property
<br />Insurance as provided in Section 17.2.2.2. The Builder's Risk Insurance shall include the interests of the Owner,
<br />Contractor, Subcontractors, and Sub -subcontractors in the Project as insureds and Contractor shall be a Named Insured
<br />and entitled to adjust the loss.
<br />§ 172.2.2 Unless the parties agree otherwise, upon Substantial Completion, the Owner shall continue the Owner's
<br />Property Insurance required by Section 17.2.2.1 or, if necessary, replace the insurance policy required under
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