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200405934 SECTION 16 Safety 16.1 Conformance by Trade Contractor: Trade Contractor, at its own expense, shall conform to and comply with all requirements of this Trade Contract, the Contract Documents and applicable laws promulgated by any governmental authority relating to safety, including, without limitation, the applicable requirements of the Occupational Safety and Health Act of 1970 as amended. Trade Contractor shall submit a safety plan for the Project, but the submission of such plan shall not relieve Trade Contractor of its other responsibilities under this Section. Trade Contractor shall take all necessary precautions to protect against any conditions caused by Trade Contractor's Work which involve any risk of bodily harm to persons or risk of damage to property; continuously inspect its Work, materials and equipment to discover any such conditions; and have sole responsibility for discovering and correcting any conditions. SIGNATURE may order Trade Contractor to stop any Work that SIGNATURE deems unsafe until corrective measures acceptable to SIGNATURE have been implemented. However, such action by SIGNATURE shall not be construed as a duty to Trade Contractor to discover such conditions or to constitute direct control over or charge of the acts or omissions of Trade Contractor, its subcontractors, their agents or employees or any other persons performing Trade Contractor's Work or portions thereof. Trade Contractor shall be responsible for all costs and delays incurred by SIGNATURE as a result of any such stoppage of the Work. 16.2 Protection of SIGNATURE: Trade Contractor represents that it is familiar with applicable safety laws, including but not limited to the Occupational Safety and Health Administration (OSHA), Safety and Health regulations for the construction industry and all general industry standards applicable thereto. Trade Contractor at all times shall be the controlling employer responsible for the safety programs and precautions applicable to its own work and the activities of others' work in areas designated to be controlled by Trade Contractor. Trade Contractor shall control the activities of its employees and any other persons or entities for whom Trade Contractor is responsible; be liable for each hazardous condition which Trade Contractor either creates or controls, whether or not the persons exposed to the hazard are Trade Contractor's employees or agents; and be responsible for preventing its employees and persons or entities for which it is responsible from being exposed to any hazardous or dangerous condition. If any action is commenced against SIGNATURE for violations of law as a result of conditions allegedly created or controlled in whole or in part by Trade Contractor or its subcontractors, regardless of tier, or any other person or entity for whom Trade Contractor is responsible, Trade Contractor shall indemnify SIGNATURE and hold SIGNATURE harmless from all costs or damages which may be assessed as the result of such action, including attorneys' fees and disbursements incurred in the defense or appeal of such action. 16.3 Report: Unless any law or requirement of the Contract Documents requires earlier notice, Trade Contractor shall deliver copies of all accident and injury reports (from itself and from all of its subcontractors or suppliers) to SIGNATURE and any other person or entity entitled thereto by applicable law, this Trade Contract or the Contract Documents within twenty-four (24) hours of occurrence. Upon request, copies of all Safety Programs and any other reports concerning safety shall be delivered to SIGNATURE and any other person or entity entitled thereto by applicable law or the Contract Documents. 16.4 Safety Representative: From commencement of Trade Contractor's Work and at all times while Trade Contractor's Work is being performed, Trade Contractor shall have and require each of its subcontractors to have on the Job Site a designated, qualified and competent Safety Representative, who may be the superintendent or foreman, empowered to act on behalf of Trade Contractor or the subcontractor in all matters pertaining to safety. Before commencing its Work, Trade Contractor shall furnish SIGNATURE written notice of the appointment of its Safety Representative. Before permitting any subcontractor to commence work on the Job Site, Trade Contractor shall furnish SIGNATURE with written notice of the appointment of the subcontractor's Safety Representative. Trade Contractor and its sub -tier contractors shall conduct regular and frequent safety inspections of their work areas and take corrective measures as warranted. SECTION 17 Hazardous and Other Regulated Substances 17.1 Definition of Regulated Substance: A "Regulated Substance" includes oil, petroleum or any fraction thereof, a hazardous substance, a hazardous waste, a waste containing a hazardous substance, a contaminant, a pollutant or a regulated chemical, as any of those terms may be defined by the United States Environmental Protection Agency or in one or more of the following laws: The Comprehensive Initial TM /_ -k/ 14