THE WORK AND THE FACILITY, ACT ON BEHALF OF CONTRACTOR ON HEALTH, SAFETY
AND ENVIRONMENTAL MATTERS, AND PARTICIPATE IN PERIODIC SAFETY MEETINGS WITH
OWNER. CONTRACTOR FURTHER AGREES TO PROVIDE OR CAUSE TO BE PROVIDED NECESSARY
TRAINING AND SAFETY EQUIPMENT TO ITS EMPLOYEES, SUBCONTRACTORS AND
SUB-SUBCONTRACTORS AND TO OWNER PERSONNEL TEMPORARILY VISITING THE SITE TO
ENSURE THEIR COMPLIANCE WITH THE FOREGOING SAFETY STANDARDS AND ENFORCE THE USE
OF SUCH TRAINING AND SAFETY EQUIPMENT.
CONTRACTOR SHALL MAINTAIN ALL ACCIDENT,
INJURY AND ANY OTHER RECORDS REQUIRED BY APPLICABLE LAW OR BY PERMIT AND SHALL
FURNISH OWNER A MONTHLY SUMMARY OF INJURIES AND LABOR HOURS LOST DUE TO
INJURIES.
SHOULD OWNER AT ANY TIME OBSERVE CONTRACTOR, OR ANY OF ITS
SUBCONTRACTORS OR SUB-SUBCONTRACTORS, PERFORMING THE WORK AT THE SITE IN
VIOLATION OF THE SAFETY STANDARDS OR IN AN UNSAFE MANNER, OR IN A MANNER THAT
WOULD, IF CONTINUED, VIOLATE THE SAFETY STANDARDS OR BECOME UNSAFE, THEN OWNER
SHALL HAVE THE RIGHT (BUT NOT THE OBLIGATION) TO REQUIRE CONTRACTOR TO STOP THE
AFFECTED WORK UNTIL SUCH TIME AS THE MANNER OF PERFORMING SUCH WORK HAS BEEN
RENDERED SAFE; PROVIDED, HOWEVER, THAT AT NO TIME SHALL CONTRACTOR BE ENTITLED
TO AN ADJUSTMENT OF THE CONTRACT PRICE OR PROJECT SCHEDULE BASED ON SUCH WORK
STOPPAGE.
CONTRACTOR SHALL BE RESPONSIBLE FOR THE SECURITY, FENCING, GUARDING,
LIGHTING, AND SUPERVISION OF THE FACILITY UNTIL ALL OF THE REQUIREMENTS OF
SUBSTANTIAL COMPLETION HAVE BEEN SATISFIED.
B.
ALL WORK PERFORMED HEREUNDER, AS
APPLICABLE, SHALL COMPLY WITH THE MINIMUM FEDERAL SAFETY STANDARDS FOR THE
DESIGN, INSTALLATION, INSPECTION, TESTING, CONSTRUCTION, EXTENSION, OPERATION,
REPLACEMENT, AND MAINTENANCE OF FACILITIES CONTAINED IN TITLE 49, CODE OF
FEDERAL REGULATIONS, PARTS 192 (TO THE EXTENT APPLICABLE) AND 193 AND IN TITLE
33 C.F.R. PART 127. CONTRACTOR SHALL COMPLY WITH REQUIREMENTS OF THE OPERATOR
QUALIFICATION PROGRAM THAT ARE OUTLINED IN SUB-PART H OF 49 C.F.R. PART 193 AND
SUB-PART G OF C.F.R. PART 195, WHERE APPLICABLE, IN CONNECTION WITH THE WORK.
THE TERM "PIPELINE FACILITIES" SHALL INCLUDE NEW AND EXISTING PIPE,
RIGHTS-OF-WAY, AND ANY EQUIPMENT, FACILITY, OR BUILDING USED IN THE
TRANSPORTATION OF GAS, INCLUDING LNG, OR TREATMENT OF GAS DURING THE COURSE OF
TRANSPORTATION.
THE TERM "TRANSPORTATION OF GAS" SHALL INCLUDE THE GATHERING,
TRANSMISSION, OR DISTRIBUTION OF GAS BY PIPELINE OR THE STORAGE OF GAS.
3.11
EMERGENCIES.
IN THE EVENT OF ANY EMERGENCY
ENDANGERING LIFE OR PROPERTY IN ANY WAY RELATING TO THE WORK, WHETHER ON THE
SITE OR OTHERWISE, CONTRACTOR SHALL TAKE SUCH ACTION AS MAY BE REASONABLE AND
NECESSARY TO PREVENT, AVOID OR MITIGATE INJURY, DAMAGE, OR LOSS AND SHALL, AS
SOON AS REASONABLY POSSIBLE, REPORT ANY SUCH INCIDENTS, INCLUDING CONTRACTOR'S
RESPONSE THERETO, TO OWNER.
IF CONTRACTOR FAILS TO TAKE SUCH ACTION AND THE
EMERGENCY REQUIRES IMMEDIATE ACTION, THEN OWNER, WITH OR WITHOUT NOTICE TO
CONTRACTOR MAY, BUT SHALL BE UNDER NO OBLIGATION TO, TAKE REASONABLE ACTION AS
REQUIRED TO ADDRESS SUCH EMERGENCY.
THE TAKING OF ANY SUCH ACTION BY OWNER, OR
OWNER'S FAILURE TO TAKE ANY ACTION, SHALL NOT LIMIT CONTRACTOR'S LIABILITY.
CONTRACTOR SHALL REIMBURSE OWNER