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<br />EXHIBIT VIII-J, Cont. <br /> <br />application of either party the Contract shali forthwith be physicaliy amended to make such insertion or <br />correction. <br /> <br />44. Protection of Lives and Health <br /> <br />"The Contractor shali exercise proper precaution at ali times for the protection of persons and property and <br />shali be responsibie for ali damages to persons or property, either on or off the site, which occur as a result <br />of his prosecution of the work. The safety provisions of applicable laws and building and construction codes, <br />in addition to specific safety and heaith regulations described by Chapter XIII, Bureau of Labor Standards, <br />Department of Labor, Part 1518, Safety and Health Regulations for Construction, as outlined in the Federal <br />Register, Volume No. 75, Saturday, April 17, 1971. Title 29 - LABOR, shali be observed and the Contractor <br />shali take or cause to be taken, such additional safety and health measures as the Contracting Authority may <br />determine to be reasonably necessary." <br /> <br />45. Subcontracts <br /> <br />"The Contractor will insert in any subcontract the Federal Labor Standards Provisions contained herein and <br />such other clauses as the Department of Housing and Urban Development or Colorado Department of Local <br />Affairs may, by instructions require, and also a clause requiring the subcontractors to include these clauses <br />in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any <br />further subcontracts that may in turn be made." <br /> <br />46. Interest of Members of or Delegate to Congress . <br /> <br />No members of or Delegate to Congress shall be admitted to any share or part of this Contract or to any <br />benefit that may arise therefrom, but this provision shall not be construed to extend to this Contract if made <br />with a corporation for its general benefit. <br /> <br />47. Other Prohibited Interests <br /> <br />No official of the Owner who is authorized in such capacity and on behalf of the Owner to negotiate, make, <br />accept or approve, or to take part in negotiating, making, accepting, or approving any architectural, <br />engineering, inspection, construction or materiai supply contract or any subcontract in connection with the <br />construction of the project, shali become directly or indirectly interested personally in this Contract or in any <br />part hereof. No officer, employee, architect, attorney, engineer or inspector of or for the Owner who is <br />authorized in such capacity and on behaif of the Owner to exercise any legisiative, executive, supervisory <br />or other similar functions in connection with the construction of the project, shall become directly or indirectly <br />interested personaliy in this Contract or in any part thereof, any material supply contract, subcontract, <br />insurance contract, or any other contract pertaining to the project. <br /> <br />48. Use and Occupancy Prior to Acceptance by Owner <br /> <br />The Contractor agrees to the use and occupancy of a portion or unit of the project before formal acceptance <br />by the Owner, provided the Owner: <br /> <br />(a) Secures written consent of the Contractor except in the event, in the opinion of the <br />Architect/Engineer, the Contractor is chargeable with unwarranted deiay in final cleanup of such list items <br />or other contract requirements. <br /> <br />(b) Secures endorsement from the Insurance-carrier and consent of the surety permitting <br />occupancy of the building or use of the project during the remaining period of construction, or, <br /> <br />(c) When the notice consists of more than one building, and one of the buildings is occupied, <br />secures permanent firm and extended coverage insurance, including a permit to complete construction. <br />Consent of the Surety must also be obtained. <br /> <br />(1) The Contractor wili not discriminate against any empioyee or applicant for <br />employment because of race, creed, coior, or national origin. The Contractor wili take affirmative action to <br />ensure that applicants are employed, and that empioyees are treated during employment, without regard <br />to their race, creed, coior, or national origin. Such action shail include but not be limited to the following: <br />employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; <br /> <br />VIII-J-1 4 (Ro,;.., 5/99) <br />