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4.12.1 Owner shall retain, at Owner's expense, the services of a certified asbestos and or hazardous
<br />waste consultant ( "Owner's Consultant ") to survey and identify the existence and location of asbestos and
<br />or hazardous waste on the Project site. Owner's consultant shall therefore develop specifications for the
<br />removal of all asbestos and or hazardous waste, prepare asbestos and or hazardous waste removal
<br />drawings and directly oversee implementation of said removal.
<br />4.12.2 Owner shall furnish Architect with a written notice which identifies the items to be removed and
<br />where such items are located. Upon receipt of such notice, the Architect shall commence preparation of
<br />the Basic Services described in Section Article 2 of this agreement, provided, however, that no personnel
<br />acting for or on behalf of the Architect shall undertake or be required to physically inspect the Project site
<br />until Owner shall have provided Architect with a certification, acceptable in form and substance to
<br />Architect, signed by Owner's consultant stating that all asbestos has been removed from the Project site
<br />and that the Project site does not contain asbestos fiber concentrations in excess of those allowed by
<br />local, state and federal laws and regulations, in force as of the date of such certification.
<br />4.12.3 Except as otherwise provided in the second sentence of 4.12.2 hereof, Architect's receipt of such
<br />certification shall be a condition precedent to Architect's commencing performance of the services and to
<br />any undertaking of the responsibilities set forth in this Agreement, and the time for the commencement of
<br />any duty to be performed by Architect under this Agreement or otherwise shall not commence until
<br />Architect has received and approved said certification. Owner and Owner's consultant shall have complete
<br />responsibility for and control over the detection, removal or disposal of asbestos from the Project site
<br />including, but not limited to, assuring compliance with all applicable local, state and federal governmental
<br />laws and regulations.
<br />4.13 The Architect hereby states, and the Owner acknowledges, that the Architect has no professional
<br />liability or other insurance, and is unable to obtain such insurance reasonably for claims resulting from the
<br />actual, alleged, or threatened discharge, dispersal, release, or escape of any solid, liquid, gaseous or
<br />thermal irritant or containment, including smoke, vapor, soot, fumes, acids, alkalis, chemicals, and waste
<br />materials to be recycled, reconditioned or reclaimed (collectively, "pollutants "), other than claims arising
<br />from the design and construction of potable water systems, storm water systems and construction of
<br />potable water systems, storm water systems and sewerage systems (collectively, "covered claims ").
<br />4.13.1 Accordingly, the Owner hereby agrees to bring no claim (other than a covered claim) for
<br />negligence, breach of contract, indemnity, or otherwise against the Architect, or the Architect's principals,
<br />employees, agents or consultants relating to pollutants associated in any way with the Project. The Owner
<br />shall defend, indemnify, and hold the Architect and the Architect's principals, employees, agents and
<br />consultants harmless from any and all injuries, losses, liabilities, damages or claims (other than covered
<br />claims) of any nature whatsoever relating to pollutants associated in any way with the Project including,
<br />without limitation, the costs, expenses and attorney's fees which the Architect, the Architect's principals,
<br />employees, agents or consultants may at any time sustain or incur by reason of any of the foregoing. The
<br />foregoing indemnification provision includes, without limitation, claims arising from the actual, alleged or
<br />threatened discharge, dispersal, release or escape of pollutants in or into the atmosphere, or on, onto,
<br />upon, in, or into the surface or subsurface (a) soil, (b) water or water courses, (c) objects, or (d) any
<br />tangible or intangible matter, whether sudden or not.
<br />ARTICLE 5
<br />CONSTRUCTION COST
<br />5.1 DEFINITION
<br />5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the
<br />Project designed or specified by the Architect.
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