CRITERIA FOR REMOVAL,
CONTRACTOR SHALL BE ENTITLED TO A RECIPROCAL INDEMNITY FROM OWNER IN RESPECT TO
ANY CLAIMS, CAUSES OF ACTION, DAMAGES, LOSSES, COST AND EXPENSES (INCLUDING ALL
REASONABLE ATTORNEYS' FEES AND LITIGATION OR ARBITRATION EXPENSES) AND
LIABILITIES OF WHATEVER KIND OR NATURE, WHICH MAY DIRECTLY OR INDIRECTLY ARISE
FROM CONTRACTOR'S REMOVAL OF ANY SUCH EMPLOYEE (INCLUDING ANY KEY PERSON) FROM
THE PROJECT.
B.
CONTRACTOR IS RESPONSIBLE FOR MAINTAINING
LABOR RELATIONS IN SUCH MANNER THAT, SO FAR AS REASONABLY PRACTICABLE, THERE IS
HARMONY AMONG WORKERS.
CONTRACTOR AND ITS SUBCONTRACTORS AND SUB-SUBCONTRACTORS
SHALL CONDUCT THEIR LABOR RELATIONS IN ACCORDANCE WITH THE RECOGNIZED PREVAILING
LOCAL AREA PRACTICES. CONTRACTOR SHALL INFORM OWNER PROMPTLY OF ANY LABOR
DISPUTE, ANTICIPATED LABOR DISPUTE, REQUEST OR DEMAND BY A LABOR ORGANIZATION,
ITS REPRESENTATIVES OR MEMBERS WHICH MAY REASONABLY BE EXPECTED TO AFFECT THE
WORK. CONTRACTOR FURTHER AGREES TO INFORM OWNER, BEFORE ANY COMMITMENTS ARE
MADE, DURING THE NEGOTIATIONS OF ANY AGREEMENTS OR UNDERSTANDINGS WITH LOCAL OR
NATIONAL LABOR ORGANIZATIONS.
3.9
CLEAN-UP.
CONTRACTOR SHALL, TO OWNER'S
REASONABLE SATISFACTION, AT ALL REASONABLE TIMES KEEP THE SITE FREE FROM ALL
WASTE MATERIALS OR RUBBISH CAUSED BY THE ACTIVITIES OF CONTRACTOR OR ANY OF ITS
SUBCONTRACTORS OR SUB-SUBCONTRACTORS.
AS SOON AS PRACTICABLE AFTER THE
COMPLETION OF ALL PUNCHLIST ITEMS, CONTRACTOR SHALL REMOVE, AT ITS OWN COST, ALL
OF ITS CONSTRUCTION EQUIPMENT AND REMOVE FROM THE SITE ALL WASTE MATERIAL AND
RUBBISH THAT WAS GENERATED OR BROUGHT ON TO THE SITE BY CONTRACTOR OR ANY OF ITS
SUBCONTRACTORS OR SUB-SUBCONTRACTORS.
THE SITE SHALL BE RESTORED TO THE EXTENT,
IF ANY, REQUIRED BY ATTACHMENT A.
IN THE EVENT OF CONTRACTOR'S FAILURE TO
COMPLY WITH ANY OF THE FOREGOING, OWNER MAY ACCOMPLISH THE SAME; PROVIDED,
HOWEVER, THAT CONTRACTOR SHALL BE RESPONSIBLE FOR ALL REASONABLE COSTS
ASSOCIATED WITH SUCH REMOVAL AND/OR RESTORATION, INCLUDING COSTS ASSOCIATED WITH
PERMITTING AND TRANSPORTATION.
3.10
HSE PLAN; SECURITY.
A.
CONTRACTOR RECOGNIZES AND AGREES THAT
SAFETY AND PHYSICAL SECURITY ARE OF PARAMOUNT IMPORTANCE IN THE PERFORMANCE OF
THE WORK AND THAT CONTRACTOR IS RESPONSIBLE FOR PERFORMING THE WORK IN A SAFE
AND PHYSICALLY SECURE MANNER.
NO LATER THAN SIXTY (60) DAYS AFTER OWNER'S
ISSUANCE OF THE LNTP, CONTRACTOR SHALL SUBMIT TO OWNER FOR ITS REVIEW A HEALTH,
SAFETY AND ENVIRONMENTAL PLAN (INCLUDING A DRUG TESTING PROGRAM) MEETING THE
REQUIREMENTS SET FORTH IN ATTACHMENT J (THE "HSE PLAN").
CONTRACTOR FURTHER
AGREES TO PERFORM THE WORK IN ACCORDANCE WITH THE HEALTH, SAFETY AND
ENVIRONMENTAL RULES AND STANDARDS OF APPLICABLE LAW, GECP AND THE HSE PLAN
(COLLECTIVELY, THE "SAFETY STANDARDS"), AND CONTRACTOR SHALL ASSUME ALL COSTS
ASSOCIATED WITH COMPLIANCE THEREWITH.
OWNER'S REVIEW OF THE HSE PLAN SHALL NOT
IN ANY WAY RELIEVE CONTRACTOR OF ITS OBLIGATIONS
26
UNDER THIS AGREEMENT (INCLUDING CONTRACTOR'S OBLIGATIONS TO CONDUCT THE WORK IN
ACCORDANCE WITH THE HEALTH, SAFETY AND ENVIRONMENTAL RULES OF APPLICABLE LAW AND
GECP).
CONTRACTOR SHALL APPOINT ONE OR MORE (AS APPROPRIATE) SAFETY
REPRESENTATIVE(S) REASONABLY ACCEPTABLE TO OWNER WHO SHALL BE RESIDENT AT THE
SITE, HAVE RESPONSIBILITY TO CORRECT UNSAFE CONDITIONS OR UNSAFE ACTS ASSOCIATED
WITH