TOXIC AND HAZARDOUS SUBSTANCES. 9.2.1 For the purposes of applicable legislation, the Owner shall be deemed to have control and management of the Place of the Work with respect to existing conditions.
TOXIC AND HAZARDOUS SUBSTANCES. 12.1.5 The Owner shall indemnify and hold harmless the Construction Manager from and against all claims, demands, losses, costs, damages, actions, suits, or proceedings: .1 as described in GC 10.3 – PATENT FEES, and .2 arising out of the Construction Manager's performance of the Contract which are attributable to a lack of or defect in title or an alleged lack of or defect in title to the Place of the Work.
TOXIC AND HAZARDOUS SUBSTANCES. GC9.2.1 is deleted in its entirety and replaced with the following: For the purposes of the Contract, the Owner shall be deemed to have control and management of the Place of the Work with respect to the condition of the Place of the Work prior to the commencement of the Work in relation to applicable Environmental Law and the presence of any Hazardous Substances.
TOXIC AND HAZARDOUS SUBSTANCES. SC-40 Add GC 9.2.1.1 as follows:
TOXIC AND HAZARDOUS SUBSTANCES. 12.2.1 Delete paragraph 9.2.2 in its entirety and replace with the following:
TOXIC AND HAZARDOUS SUBSTANCES. 12.1.5 In respect to any claim for indemnity or to be held harmless, Notice in Writing of such claim shall be given within a reasonable time after the facts upon which such claim is based became known;
TOXIC AND HAZARDOUS SUBSTANCES. 1. For the purposes of applicable legislation related to toxic and hazardous substances, the Client shall be deemed to have control and management of the Place of the Work with respect to existing conditions.
TOXIC AND HAZARDOUS SUBSTANCES. 5. The Client shall indemnify and hold harmless the Contractor from and against all claims, demands, losses, costs, damages, actions, suits, or proceedings:
TOXIC AND HAZARDOUS SUBSTANCES. Add in paragraph 9.2.6 after the word “responsible”, the following new words:
TOXIC AND HAZARDOUS SUBSTANCES. (a) Add to paragraph GC 9.2.6 after the word “responsible”, as follows: “or whether any toxic or hazardous substances or materials already at the Place of the Work (and which were then harmless or stored, contained or otherwise dealt with in accordance with legal and regulatory requirements) were dealt with by the Contractor or anyone for whom the Contractor is responsible in a manner which does not comply with legal and regulatory requirements, or which threatens human health and safety or the environment, or material damage to the property of the Owner or others.”
