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Form #1154

Asbestos in Walls and Use of Other Hazardous Materials

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Asbestos in walls and use of other hazardous materials.

Hazardous Materials Usage

Lessor and Lessee agree as follows with respect to the existence of "Hazardous Material" (as defined in subparagraph (f) below) in, on, or about the Premises:

(a). Lessee acknowledges that Lessor has furnished Lessee with a copy of an asbestos survey dated _________(the "Asbestos Survey") prepared by _________, regarding the presence of asbestos-containing material in the Premises and the Center, and that Lessee has read and understands the report. Lessee approves of the operating and maintenance recommendations as set forth in the Asbestos Survey, and agrees to abide by those recommendations to the extent they relate to Lessee's use or occupancy of the Premises or Center.

(b). Lessor's maintenance obligations as provided in Paragraph _________ of this Lease shall include the obligation to maintain, at Lessor's expense, the asbestos-containing material existing in the structural walls and roof of the Premises in accordance with the recommendations set forth in the Asbestos Survey, except for any damage or disturbance caused by any act or omission of Lessee, Lessee's employees, suppliers, shippers, customers, invitees, sublessees, or assignees and except for any alteration to the walls or roof of the Premises performed by Lessee. Lessee agrees that Lessor shall be deemed reasonable in withholding its consent under Paragraph _________ of the Lease to any proposed alteration of the structural walls or roof of the Premises if Lessor determines that the alteration would possibly disturb the asbestos-containing material or require Lessor to remove or abate the asbestos-containing material at Lessor's expense.

(c). In spite of anything to the contrary contained in this Lease, Lessor reserves the right to enter the Premises at any time and from time to time during the term of the Lease, upon not less than seven days' advance notice to Lessee, to take any action with respect to asbestos or asbestos-containing material that is necessary or desirable to comply with Hazardous Material Laws, or to implement any of the recommendations set forth in the Asbestos Survey or in any subsequent surveys or reports prepared by Lessor's contractors or consultants (for purposes of this subparagraph, "Remedial Action"). Lessor agrees to consult with Lessee during that seven-day period prior to the taking of Remedial Action to discuss possible ways to minimize disruption to Lessee's business. Under no circumstances, however, shall the taking of any Remedial Action by Lessor be deemed or construed to be a default by Lessor under this Lease, or an actual or constructive eviction of Lessee from the Premises, and the Lease shall remain in full force and effect. Lessee waives any claim for damages against Lessor, its partners, agents, and employees arising out of or related to any Remedial Work, including, without limitation, damages for any injury or inconvenience to or interference with Lessee's business, any loss of occupancy or quiet enjoyment of the Premises, or any other loss occasioned by any Remedial Action, and, in addition, Lessee waives any claim for injunctive relief arising out of or related to any Remedial Action. If any Remedial Action renders a portion of the Premises unusable for more than 15 consecutive business days, then Base Rent shall be abated, beginning with the sixteenth business day after that unusability began, until the period of that unusability ends, based on the proportion of the Premises so rendered unusable.

(d). Lessor and Lessee shall each give written notice to the other as soon as reasonably practicable of (i) any communication received from any governmental authority concerning Hazardous Material which relates to the Premises, and (ii) any contamination of the Premises by Hazardous Material that constitutes a violation of Hazardous Material Laws. Without limiting the above, if Lessee causes or permits anything to be done in, on, or about the Premises that results in the possible disturbance of the asbestos-containing material, or if Lessee discovers any possible disturbance of asbestos-containing material, however caused, Lessee shall immediately notify Lessor of that possible disturbance.

(e). Lessee covenants and agrees that during the term of this Lease, neither Lessee nor any of Lessee's agents, employees, contractors, invitees, assignees, or sublessees shall cause any Hazardous Material to be brought upon, kept, or used in, on, or about the Premises or Center, or transported to or from the Premises or Center without the prior written consent of Lessor, which consent Lessor shall not unreasonably withhold so long as Lessee demonstrates to Lessor's satisfaction that that Hazardous Material: (1) is necessary or useful to Lessee's business;

(2) would be used, kept, stored, and disposed of in a manner that fully complies with all laws, rules, statutes, ordinances, orders, requirements, or policies of any governmental agency or authority or any fire insurance underwriters applicable to any such Hazardous Material (collectively "Hazardous Material Laws"); and (3) would not substantially increase the risk of fire or other casualty to the Premises or Center. Lessor consents to the following specific uses by Lessee of Hazardous Material: paints, varnishes, and paint thinners to be used in the repair and refinish shop in the Office Space. Lessee covenants and agrees that to the extent Lessee or any of Lessee's agents, employees, contractors, invitees, assignees, or sublessees shall cause any Hazardous Material to be kept, used, or present in, on, or about the Premises or Center, Lessee shall ensure that such Hazardous Material is in full compliance with Hazardous Material Laws. If Lessee breaches any of its obligations contained in this section, or if any act or omission of Lessee or any of its agents, employees, contractors, invitees, assignees, or sublessees causes any Hazardous Material to be discharged or released from, on, or in the Premises or Center, then Lessee shall indemnify Lessor against and hold Lessor harmless from, any and all claims, judgments, damages, penalties, fines, costs, liabilities, losses, and expenses (including, without limitation, attorneys' fees, consultant fees, and expert fees) arising during or after the term of this Lease as a result of that breach or that discharge or release. This indemnification includes, without limitation, costs incurred in connection with the investigation of site conditions or any cleanup, repair, removal, or detoxification work required by any federal, state, or local governmental agency or political subdivision. Without limiting the above, if the presence of any Hazardous Material in the Premises caused by Lessee or any of Lessee's agents, employees, contractors, invitees, assignees, or sublessees results in any discharge or release of Hazardous Material from, in, or on the Premises or any portion of the Center, Lessee shall promptly take all actions, at its sole expense, as necessary or appropriate to return the Premises or Center to the condition existing before that discharge or release; provided, however, Lessee shall first obtain Lessor's prior approval, including, without limitation, approval of any contractors Lessee proposes to hire to perform the remedial work, which approval Lessor shall not unreasonably withhold, so long as Lessee demonstrates to Lessor's satisfaction that those actions would not have any significant adverse long-term or short-term effect on the Premises or Center.

(f). As used in this Agreement, the term "Hazardous Material" means any hazardous or toxic substance, material, or waste which is or becomes regulated by any local governmental authority, the state of _________, or the United States government. The term "Hazardous Material" includes, without limitation, any material or substance which is (i) defined as a "hazardous waste," "extremely hazardous waste" or "restricted hazardous waste" under _________[state code citation], or listed pursuant to _________[state code citation regarding Hazardous Waste Control Law], (ii) defined as a "hazardous substance" under _________[state code citation regarding Hazardous Substance Account Act], (iii) defined as a "hazardous material," "hazardous substance," or "hazardous waste" _________[ state code citation regarding Hazardous Materials Release Response Plans and Inventory], (iv) defined as a "hazardous substance" under _________[state code citation regarding Underground Storage of Hazardous Substances], (v) petroleum, (vi) asbestos, (vii) listed or defined as hazardous or extremely hazardous pursuant to _________[state administrative code citation], (viii) designated as a "hazardous substance" pursuant to  section 311 of the Federal Water Pollution Control Act, 33 USCA §1321, (ix) defined as a "hazardous waste" pursuant to  section 1004 of the Federal Resource Conservation and Recovery Act, 42 USCA §§ 6901 et seq. (42 USCA §6903), or (x) defined as a "hazardous substance" pursuant to  section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 USCA §§ 9601 et seq.

Contributed by
Legal Concepts LTD
 
Name of Firm Legal Concepts LTD
Total Forms Contributed 63
 

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Terms Of Use

Submissions to this site, including any legal or business forms, posts, responses to questions or other communications by contributors are not intended as and should not be construed as legal advice. You are strongly encouraged to consult competent legal council before engaging in any action based upon content contained on this site.

These downloadable forms are only for personal use. Retransmission, redistribution, or any other commercial use is prohibited. This includes reposting forms from this site to another site offering free legal or other document forms for download.

Please note that the donator may have included different usage terms regarding this form, and you agree to abide by these terms. It is highly recommended that you have a licensed attorney review any legal documents for which you are searching in order to make sure that your needs are being properly and completely satisfied.

Your use of this site constitutes your acceptance of our terms of use and your agreement to hold this site, its officers, employees and any contributors to this site harmless for any damage you might incur from your use of any submissions contained on this site. If you do not agree to the above terms, please do not proceed.

These forms are provided to assist business owners and others in understanding important points to consider in different transactions. They are offered with the understanding that no legal advice, accounting, or other professional service is being offered by these documents or on this website. Laws vary in the different states. Agreements acceptable in one state may not be enforced the same way under the laws of another state. Also, agreements should relate specifically to the particular facts of each situation. Therefore, it is important to consult legal counsel whenever utilizing these forms. The Forms are not a substitute for legal advice YourFreeLegalForms.com is not engaged in recommending or referring members on the site or making claims about the competence, character or qualifications of its participating members.
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Keywords: Asbestos in Walls and Use of Other Hazardous Materials, contract, legal form, Real Estate

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