Notification of Asbestos Clause Samples

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Notification of Asbestos. Landlord hereby notifies Tenant of the presence of asbestos-containing materials (“ACMs”) and/or presumed asbestos-containing materials (“PACMs”) within or about the Project in the location of the buildings identified in Exhibit G. All costs of remediation of ACMs and/or PACMs in the Building required in connection with Landlord’s Work or any future Alterations shall be the sole responsibility and cost of Landlord, shall not be included as Operating Expenses, and no TI Funds shall be applied toward any such remediation costs. Landlord has provided Tenant with a copy of the asbestos management plan for any ACMs and/or PACMs located in the Building and shall provide Tenant with a copy of any updates to the same within a commercially reasonable period after such updates are made.
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Notification of Asbestos. (removed the previous asbestos notification requirement to the Attorney General in accordance with instructions from said Attorney General's Office on July 9, 2009)
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Notification of Asbestos. Port hereby notifies Licensee, in accordance with the OSHA Asbestos Rule (1995), 59 Fed. Reg. 40964, 29 CFR §§ 1910.1001, 1926.1101 (as amended, clarified and corrected) (OSHA Asbestos Rule); California Health and Safety Code §§ 25915-259.7 and the Cal OSHA General Industry Safety Order for Asbestos, 8 CCR § 5208, of the presence of asbestos-containing materials ("ACMs") and/or presumed asbestos-containing materials ("PACMs") (as such terms are defined in the Cal-OSHA General Industry Safety Order for Asbestos), in the locations identified in the summary/table, if any, set forth in Schedule 1 attached hereto. This notification by Port is made pursuant to a building inspection survey(s), if any, performed by Port or its contractors qualified to perform an asbestos building survey identified in the summary/table, if any, set forth in Schedule 1 attached hereto. Such survey(s), monitoring data and other information are kept at Port of San Francisco, Pier 1, San Francisco, California, 94111 and are available for inspection upon request. Licensee hereby acknowledges receipt of the notification specified in the first paragraph of this Section and the notice or report attached as Schedule 1 hereto and understands, after having consulted its legal counsel (or having had the opportunity but declining to do so), that it must make its Agents aware of the presence of ACMs and/or PACMs in or about the License Area in order to avoid or minimize any damage to or disturbance of such ACMs and/or PACMs. Licensee further acknowledges its obligations under Cal-OSHA General Industry Safety Order for Asbestos to provide information to its Agents regarding the presence of ACMs and PACMs at the License Area and to provide a training program for its employees that conforms with 8 CCR § 5208(j)(7)(C). Licensee agrees that its waiver of Claims set forth in Section 14.1 (Indemnity and Exculpation) is given with full knowledge of the presence, or possibility, of asbestos in or about the License Area and the potential consequences of such fact. Licensee is aware that the presence, or possibility, of asbestos in or about the License Area may limit Licensee's ability to use the License Area without Licensee first performing abatement of such asbestos. The presence of asbestos in the License Area and the removal or non-removal by Port of all or a portion of the asbestos, whether in the License Area or elsewhere, shall not, however, (i) entitle Licensee to any Claim, (ii) relieve Licensee ...
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Notification of Asbestos. Landlord hereby notifies Tenant, in accordance with the Occupational Safety and Health Administration asbestos rule (1995), 59 Fed. Reg. 40964, 29 CFR 1910, 1001, 1926.1101, clarification 60 Fed. Reg. 33974 (OSHA Asbestos Rule), of the presence of asbestos-containing materials (ACMs) and/or presumed asbestos-containing materials (PACMs) (as such term is defined in the OSHA Asbestos Rule), in the following locations within the Lake Union Building: The following building materials were found to be asbestos-containing: Spray-applied fireproofing and overspray: located above the suspended ceilings and throughout the building and in the parking structure (15-25% chrysotile asbestos, friable and in good condition; debris exist on suspended ceiling throughout) Hard pipe fitting insulation on fiberglass insulated pipes: located above ceiling, behind wall, and in fan rooms: friable and in good condition. Analytical results of asbestos containing materials found on floor one: Fireproofing 1st Floor Janitorial Closet 20% Chrysotile 4” Hard Fitting On Fiberglass 1st Floor Mail Room Utility Closet 3% Amosite Fireproofing ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ 25% Chrysotile Fireproofing 5th Floor Kitchen 15% Chrysotile The Lake Union Building follows an Asbestos Operation & Maintenance Program developed by PBS Environmental. Certain work practices/procedures are followed when work is performed in areas where asbestos is located. A copy of the building asbestos survey was hand-delivered to Mathsoft, Inc., on May 7, 1997.
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Notification of Asbestos. Landlord hereby notifies Tenant of the presence of asbestos-containing materials (“ACMs”) and/or presumed asbestos-containing materials (“PACMs”) within or about the Premises in the location identified in Exhibit G.
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Notification of Asbestos. 9 6. Artwork . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 7. Indemnity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
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Notification of Asbestos. Licensor hereby notifies Licensee of the presence of asbestos-containing materials (“ACMs”) and/or presumed asbestos-containing materials (“PACMs”) within or about the Property in the locations identified in Exhibit B.
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Notification of Asbestos. (a) Notification of Asbestos. Sublandlord hereby notifies Subtenant, in accordance with the Occupational Safety and Health Administration asbestos rule (1995), 59 Fed. Reg. 40964, 29 CFR 1910.1001, 1926.1101, clarification 60 Fed. Reg. 33974 ("OSHA Asbestos Rule"), of the presence of asbestos-containing materials ("ACMs") and/or presumed
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Related to Notification of Asbestos

  • Notification of Assignment Any assignment that is not undertaken in accordance with the provisions set forth above shall be null and void ab initio. A Party making any assignment shall promptly notify the other Party of such assignment, regardless of whether consent is required. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and permitted assigns.

  • Notification of Layoff A bargaining unit member to be laid off shall be notified, in writing, at least fifteen (15) work days prior to the effective date of layoff, except that when emergency funding situations exist, this notification period can be shortened. The notification shall include: 1. reasons for the layoff 2. effective date of the layoff 3. seniority list of bargaining unit members 4. list of vacancies 5. bumping rights as identified in 18.7 & 18.8

  • Notification of Error The Trust will notify USBFS of any discrepancy between USBFS and the Trust, including, but not limited to, failing to account for a security position in the Fund’s portfolio, upon the later to occur of: (i) three business days after receipt of any reports rendered by USBFS to the Trust; (ii) three business days after discovery of any error or omission not covered in the balancing or control procedure; or (iii) three business days after receiving notice from any shareholder regarding any such discrepancy.

  • Notification of Claims (a) Except as otherwise provided in this Agreement, a Person that may be entitled to be indemnified under this Agreement (the “Indemnified Party”), shall promptly notify the party liable for such indemnification (the “Indemnifying Party”) in writing of any pending or threatened claim, demand or circumstance that the Indemnified Party has determined has given or would reasonably be expected to give rise to a right of indemnification under this Agreement (including a pending or threatened claim or demand asserted by a third party against the Indemnified Party, such claim being a “Third Party Claim”), describing in reasonable detail the facts and circumstances with respect to the subject matter of such claim, demand or circumstance (a “Claim Notice”); provided, however, that the failure to provide such notice shall not release the Indemnifying Party from any of its obligations under this Article XI except to the extent the Indemnifying Party is prejudiced by such failure, it being understood that notices for claims in respect of a breach or inaccuracy of a representation or warranty or breach of or default under any obligation or covenant must be delivered before the expiration of any applicable survival period specified in Section 11.4(a). (b) Upon receipt of a notice of a claim for indemnity from an Indemnified Party pursuant to Section 11.5(a) with respect to any Third Party Claim, the Indemnifying Party shall have the right (but not the obligation) to assume the defense and control of any Third Party Claim upon written notice to the Indemnified Party delivered within fifteen (15) Business Days of the Indemnifying Party’s receipt of the applicable Claim Notice and, in the event that the Indemnifying Party shall assume the defense of such claim, it shall allow the Indemnified Party a reasonable opportunity to participate in the defense of such Third Party Claim with its own counsel and at its own expense. The Person that shall control the defense of any such Third Party Claim (the “Controlling Party”) shall select counsel, contractors and consultants of recognized standing and competence after consultation with the other party and shall take all steps reasonably necessary in the defense or settlement of such Third Party Claim. (c) The Sellers or the Buyer, as the case may be, shall, and shall cause each of its Affiliates and representatives to, reasonably cooperate with the Controlling Party in the defense of any Third Party Claim. The Indemnifying Party shall be authorized to consent to a settlement of, or the entry of any judgment arising from, any Third Party Claim, without the consent of any Indemnified Party; provided that (i) such settlement shall not encumber any of the assets of the Indemnified Party or contain any restriction or condition that would apply to such Indemnified Party or to the conduct of the Indemnified Party’s business, (ii) the Indemnifying Party shall pay all amounts arising out of such settlement or judgment concurrently with the effectiveness of such settlement (subject to Section 11.3, if applicable), and (iii) the Indemnifying Party shall obtain, as a condition of any settlement or other resolution, a complete release of any Indemnified Party potentially affected by such Third Party Claim.

  • Application of Assets Upon dissolution of the Company, the Company shall cease carrying on its business and affairs and shall commence winding up of the Company’s business and affairs and complete the winding up as soon as practicable. The Company’s affairs shall be concluded by the Managers. The assets of the Company may be liquidated or distributed in kind, as determined by the Managers, and the same shall first be applied to the satisfaction (whether by payment or the making of reasonable provision for payment) of the Company’s liabilities and then to the Members. If the assets of the Company shall not be sufficient to pay all of the liabilities of the Company, to the fullest extent permitted by law, no assets of the Company may be sold or disposed of without the written consent of all of the holders of outstanding Securities. To the extent that Company assets cannot either be sold without undue loss or readily divided for distribution in kind to the Members, then the Company may, as determined by the Managers, convey those assets to a suitable holding entity established for the benefit of the Members in order to permit the assets to be sold without undue loss and the proceeds thereof, subject to the Act, distributed to the Member at a future date. The legal form of the holding entity, the identity of the trustee or other fiduciary and the terms of its governing instrument shall be determined by the Managers.