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200405934
<br />Environmental Response, Compensation and Liability Act, 42 USC Section 9601 et sea., (CERCLA), as
<br />amended, the Resource Conservation and Recovery Act (RCRA), as amended, The Emergency Planning
<br />and Community Right -To -Know Act of 1986, also known as SARA Title III or EPCRA, the Toxic
<br />Substances Control Act (TSCA), as amended, the Clean Water Act, as amended, the Clean Air Act, as
<br />amended, the Federal Insecticide, Fungicide and Rodenticide Act, as amended, the Federal Water Pollution
<br />Control Act, as amended, the Oil Pollution Act of 1990, as amended, the Safe Drinking Water Act, as
<br />amended, the Occupational Safety and Health Act, as amended, or any other federal, state or local law,
<br />rule, ordinance, statute, regulation, permit or other governmental restriction regulating environmental,
<br />health or safety matters.
<br />17.2 Disposal of Regulated Substances: Trade Contractor shall not dispose of a Regulated Substance on the
<br />Project Site or commingle Regulated Substances with materials or waste of SIGNATURE, the Owner,
<br />another Trade Contractor or any other person or entity performing work on the Job Site. Trade Contractor
<br />shall provide, at its own expense, separate disposal receptacles to be used exclusively for the storage or
<br />temporary disposal of Regulated Substances. Law must approve such separate disposal receptacles for the
<br />particular Regulated Substance(s), which will be placed in them. When storing, treating or disposing of
<br />Regulated Substances, Trade Contractor and Trade Contractor's waste hauler shall comply with all
<br />applicable laws. Trade Contractor shall identify its waste haulers and provide SIGNATURE with a copy of
<br />each manifest or other document relating to the storage, transportation and disposal of a Regulated.
<br />Substance from the Project Site.
<br />17.3 No Use Without Written Consent: Trade Contractor shall not use any Regulated Substance on the
<br />Project unless the use of such Regulated Substance is specifically required or permitted by this Trade
<br />Contract or the Contract Documents. Any such use of any Regulated Substance must strictly comply with
<br />all provisions of the Contract Documents and all applicable laws.
<br />17.4 Indemnification by Trade Contractor: If Trade Contractor uses a Regulated Substance on the Project,
<br />Trade Contractor shall indemnify and hold harmless SIGNATURE, the Owner, and any other person or
<br />entity required by this Trade Contract or the Contract Documents from any claims whatsoever arising out
<br />of Trade Contractor's use, storage, treatment or disposal of any Regulated Substance. Trade Contractor
<br />shall be liable to SIGNATURE for any attorneys' fees, disbursements or other costs paid or incurred by
<br />SIGNATURE as a result of such claims, including, but not limited to, the fees of any expert or consultant.
<br />17.5 Discovery of Regulated Substances by Trade Contractor: If Trade Contractor encounters substances on
<br />the Project which Trade Contractor reasonably believes to be asbestos, polychlorinated biphenyls (PCB's)
<br />or other Regulated Substances and which are in a form, location or quantity such that Trade Contractor,
<br />SIGNATURE or Owner are required to take action under applicable law, Trade Contractor shall
<br />immediately stop the Work in the area affected and immediately report, in writing, the condition to
<br />SIGNATURE. Work in the affected area shall not resume until the Owner or the Architect has certified
<br />that the area is a safe workplace and that any asbestos, polychlorinated biphenyls (PCB's) or other
<br />Regulated Substances which were discovered have been removed or controlled in accordance with
<br />applicable law.
<br />SECTION 18
<br />Guarantee
<br />18.1 Scope of Guarantee: Trade Contractor guarantees:
<br />(a) That Trade Contractor's Work and its functionality and performance will be free from defects and
<br />strictly conform to and meet the requirements of this Trade Contract and the Contract Documents;
<br />(b) That Trade Contractor will furnish any separate guarantee or extended warranty for Trade
<br />Contractor's Work, or portions thereof, required by this Trade Contract or the Contract
<br />Documents.
<br />18.2 Trade Contractor's Obligation: Trade Contractor, at its own expense, in accordance with the
<br />requirements of the Contract Documents and this Trade Contract, shall repair or replace any portion of the
<br />Work which proves defective within one (1) year (or such longer period as may be specified in the
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