Common use of Notification of Asbestos Clause in Contracts

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 of any of its obligations hereunder, including without limitation the obligation to pay License Fees, or (iii) constitute or be construed as a breach of Licensee's rights under this License. Notwithstanding any other provisions of this License, Licensee agrees to Indemnify Port for Licensee's acts or omissions that result in (1) asbestos-related enforcement actions, including both administrative or judicial proceedings, and (2) any Claims arising from an alleged violation of Cal-OSHA General Industry Safety Order for Asbestos and/or exposures to asbestos.

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 of any of its obligations hereunder, including without limitation the obligation to pay License Fees, or (iii) constitute or be construed as a breach of Licensee's rights under this License. Notwithstanding any other provisions of this License, Licensee agrees to Indemnify Port for Licensee's acts or omissions that result in (1) asbestos-related enforcement actions, including both administrative or judicial proceedings, and (2) any Claims arising from an alleged violation of Cal-OSHA General Industry Safety Order for Asbestos and/or exposures to asbestos.

Notification of Asbestos. Port hereby notifies LicenseeTenant, 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 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 Tenant hereby acknowledges receipt of the notification specified in the first paragraph of this Section 15.6hereof 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)counsel, that it must make its Agents employees and contractors aware of the presence of ACMs and/or PACMs in or about the License Area Premises in order to avoid or minimize any damage to or disturbance of such ACMs and/or PACMs. Licensee Tenant further acknowledges its obligations under Cal-OSHA General Industry Safety Order for Asbestos to provide information to its Agents employees and contractors regarding the presence of ACMs and PACMs at the License Area Premises and to provide a training program for its employees that conforms with 8 CCR § 5208(j)(7)(C). Licensee Tenant agrees that its waiver of Claims set forth in Section 14.1 19 below (Indemnity and Exculpation) is given with full knowledge of the presence, or possibility, of asbestos in or about the License Area Premises and/or the Facility and the potential consequences of such fact. Licensee Tenant is aware that the presence, or possibility, of asbestos in or about the License Area Premises may limit LicenseeTenant's ability to use construct Alterations to the License Area Premises without Licensee Tenant first performing abatement of such asbestos. The presence of asbestos in the License Area Premises and/or the Facility and the removal or non-non- removal by Port of all or a portion of the asbestosasbestos in the Facility, whether in the License Area Premises or elsewhereelsewhere in the Facility, shall not, however, (i) entitle Licensee Tenant to any Claim, (ii) relieve Licensee Tenant of any of its obligations hereunder, including without limitation the obligation to pay License FeesRent, or (iii) constitute or be construed as a constructive or other eviction of Tenant, or (iv) constitute or be construed as a breach of LicenseePort's rights under this Licensecovenant assuring Tenant's quiet enjoyment of the Premises. Notwithstanding any other provisions of this LicenseLease, Licensee ▇▇▇▇▇▇ agrees to Indemnify Port for LicenseeTenant's acts or omissions that result in (1) asbestos-related enforcement actions, including both administrative or judicial proceedings, and (2) any Claims arising from an alleged violation of Cal-OSHA General Industry Safety Order for Asbestos and/or exposures to asbestos.

Notification of Asbestos. Port hereby notifies LicenseeTenant, 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 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 buildings or locations identified in the summary/tablereports included in Exhibit F, if any, set forth in Schedule 1 attached heretocopies of which have been delivered to or made available to Tenant. 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 heretosurvey. 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 Tenant 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)counsel, that it must make its Agents employees and contractors aware of the presence of ACMs and/or PACMs in or about the License Area Premises in order to avoid or minimize any damage to or disturbance of such ACMs and/or PACMs. Licensee Tenant further acknowledges its obligations under Cal-OSHA General Industry Safety Order for Asbestos to provide information to its Agents employees and contractors regarding the presence of ACMs and PACMs at the License Area Premises and to provide a training program for its employees that conforms with 8 CCR § 5208(j)(7)(C). Licensee Tenant agrees that its waiver of Claims set forth in Section 14.1 22 below (Indemnity and Exculpation) is given with full knowledge of the presence, or possibility, of asbestos in or about the License Area Premises and/or the Facility and the potential consequences of such fact. Licensee Tenant is aware that the presence, or possibility, of asbestos in or about the License Area Premises may limit LicenseeTenant's ability to use construct Alterations to the License Area Premises without Licensee Tenant first performing abatement of such asbestos. The presence of asbestos in the License Area Premises and/or the Facility and the removal or non-non- removal by Port of all or a portion of the asbestosasbestos in the Facility, whether in the License Area Premises or elsewhereelsewhere in the Facility, shall not, however, (i) entitle Licensee Tenant to any Claim, (ii) relieve Licensee Tenant of any of its obligations hereunder, including without limitation the obligation to pay License Fees, or (iii) constitute or be construed as a breach of Licensee's rights under this License. Notwithstanding any other provisions of this License, Licensee agrees to Indemnify Port for Licensee's acts or omissions that result in (1) asbestos-related enforcement actions, including both administrative or judicial proceedings, and (2) any Claims arising from an alleged violation of Cal-OSHA General Industry Safety Order for Asbestos and/or exposures to asbestos.Rent,

Notification of Asbestos. Port hereby notifies LicenseeTenant, in accordance with the OSHA United States Occupational Safety and Health Administration (OSHA) Asbestos Rule (1995), 59 Fed. Reg. 40964, 29 CFR §§ 1910.1001, 1926.1101 (as amended1926.1101, clarified and corrected) clarification 60 Fed. Reg. 33974 (OSHA Asbestos Rule); Chapter 10.4 of Division 20 of the California Health and Safety Code §§ 25915-259.7 and the Cal OSHA California Occupational Safety and Health Administration (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-Cal- OSHA General Industry Safety Order for AsbestosAsbestos – 8 CCR § 5208(b)), 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 the 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 Tenant hereby acknowledges receipt of the notification specified in the first paragraph of this Section 15.5 hereof and the notice or report attached as "Notice To Employees, Owners, Lessees, Sublessees, Agents And Contractors" set forth in Schedule 1 attached hereto and understands, after having consulted its legal counsel (or having had the opportunity but declining to do so)counsel, that it must make its Agents agents, employees, and contractors aware of the presence of ACMs and/or PACMs in or about the License Area Premises in order to avoid or minimize any damage to or disturbance of such ACMs and/or PACMs. Licensee Tenant further acknowledges its obligations under the Cal-OSHA General Industry Safety Order for Asbestos to provide information to its Agents employees and contractors regarding the presence of ACMs and PACMs at the License Area Premises and to provide a training program for its employees that conforms with 8 CCR § 5208(j)(7)(C). Licensee Tenant agrees that its waiver of Claims set forth in Section 14.1 19 below (Indemnity and Exculpation) is given with full knowledge of the presence, or possibility, of asbestos in or about the License Area Premises and/or the Facility and the potential consequences of such fact. Licensee Tenant is aware that the presence, or possibility, of asbestos in or about the License Area Premises may limit LicenseeTenant's ability to use construct Alterations to the License Area Premises without Licensee Tenant first performing abatement of such asbestos. The presence of asbestos in the License Area Premises and/or the Facility and the removal or non-non- removal by Port of all or a portion of the asbestosasbestos in the Facility, whether in the License Area Premises or elsewhereelsewhere in the Facility, shall not, however, (i) entitle Licensee Tenant to any Claim, (ii) relieve Licensee of any of its obligations hereunder, including without limitation the obligation to pay License Fees, or (iii) constitute or be construed as a breach of Licensee's rights under this License. Notwithstanding any other provisions of this License, Licensee agrees to Indemnify Port claim for Licensee's acts or omissions that result in (1) asbestos-related enforcement actions, including both administrative or judicial proceedings, and (2) any Claims arising from an alleged violation of Cal-OSHA General Industry Safety Order for Asbestos and/or exposures to asbestos.damages,

Notification of Asbestos. Port hereby notifies LicenseeTenant, in accordance with the OSHA United States Occupational Safety and Health Administration ("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 Division of Occupational Safety and Health of the California Department of Industrial Relations ("Cal- OSHA") General Industry Safety Order for Asbestos, 8 CCR § 5208, of the presence of asbestos-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 Tenant hereby acknowledges receipt of the notification specified in the first paragraph of this Section 15.6 hereof 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)counsel, that it must make its Agents employees and contractors aware of the presence of ACMs and/or PACMs in or about the License Area Premises in order to avoid or minimize any damage to or disturbance of such ACMs and/or PACMs. Licensee Tenant further acknowledges its obligations under Cal-OSHA General Industry Safety Order for Asbestos to provide information to its Agents employees and contractors regarding the presence of ACMs and PACMs at the License Area Premises and to provide a training program for its employees that conforms with 8 CCR § 5208(j)(7)(C). Licensee Tenant agrees that its waiver of Claims set forth in Section 14.1 19 below (Indemnity and Exculpation) is given with full knowledge of the presence, or possibility, of asbestos in or about the License Area Premises and/or the Facility and the potential consequences of such fact. Licensee Tenant is aware that the presence, or possibility, of asbestos in or about the License Area Premises may limit LicenseeTenant's ability to use construct Alterations to the License Area Premises without Licensee Tenant first performing abatement of such asbestos. The presence of asbestos in the License Area Premises and/or the Facility and the removal or non-non- removal by Port of all or a portion of the asbestosasbestos in the Facility, whether in the License Area Premises or elsewhereelsewhere in the Facility, shall not, however, (i) entitle Licensee Tenant to any Claim, (ii) relieve Licensee Tenant of any of its obligations hereunder, including without limitation the obligation to pay License Fees, or (iii) constitute or be construed as a breach of Licensee's rights under this License. Notwithstanding any other provisions of this License, Licensee agrees to Indemnify Port for Licensee's acts or omissions that result in (1) asbestos-related enforcement actions, including both administrative or judicial proceedings, and (2) any Claims arising from an alleged violation of Cal-OSHA General Industry Safety Order for Asbestos and/or exposures to asbestos.Rent,

Notification of Asbestos. Port hereby notifies LicenseeTenant, 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 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 Tenant hereby acknowledges receipt of the notification specified in the first paragraph of this Section 15.6hereof 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)counsel, that it must make its Agents employees and contractors aware of the presence of ACMs and/or PACMs in or about the License Area Premises in order to avoid or minimize any damage to or disturbance of such ACMs and/or PACMs. Licensee Tenant further acknowledges its obligations under Cal-OSHA General Industry Safety Order for Asbestos to provide information to its Agents employees and contractors regarding the presence of ACMs and PACMs at the License Area Premises and to provide a training program for its employees that conforms with 8 CCR § 5208(j)(7)(C). Licensee Tenant agrees that its waiver of Claims set forth in Section 14.1 19 below (Indemnity and Exculpation) is given with full knowledge of the presence, or possibility, of asbestos in or about the License Area Premises and/or the Facility and the potential consequences of such fact. Licensee Tenant is aware that the presence, or possibility, of asbestos in or about the License Area Premises may limit LicenseeTenant's ability to use construct Alterations to the License Area Premises without Licensee Tenant first performing abatement of such asbestos. The presence of asbestos in the License Area Premises and/or the Facility and the removal or non-non- removal by Port of all or a portion of the asbestosasbestos in the Facility, whether in the License Area Premises or elsewhereelsewhere in the Facility, shall not, however, (i) entitle Licensee Tenant to any Claim, (ii) relieve Licensee Tenant of any of its obligations hereunder, including without limitation the obligation to pay License FeesRent, or (iii) constitute or be construed as a constructive or other eviction of Tenant, or (iv) constitute or be construed as a breach of LicenseePort's rights under this Licensecovenant assuring Tenant's quiet enjoyment of the Premises. Notwithstanding any other provisions of this LicenseLease, Licensee Tenant agrees to Indemnify Port for LicenseeTenant's acts or omissions that result in (1) asbestos-related enforcement actions, including both administrative or judicial proceedings, and (2) any Claims arising from an alleged violation of Cal-OSHA General Industry Safety Order for Asbestos and/or exposures to asbestos.

Notification of Asbestos. Port hereby notifies LicenseeHSH, 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-§25915- 259.7 and the Cal Cal-OSHA General Industry Safety Order for Asbestos, 8 CCR § 5208, of the presence of asbestos-containing materials ("ACMs") 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 HSH hereby acknowledges receipt of the notification specified in the first paragraph of this Section 17.6 hereof 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)counsel, that it must make its Agents employees and contractors aware of the presence of ACMs and/or PACMs in or about the License Area Premises in order to avoid or minimize any damage to or disturbance of such ACMs and/or PACMs. Licensee HSH further acknowledges its obligations under Cal-OSHA General Industry Safety Order for Asbestos to provide information to its Agents employees and contractors regarding the presence of ACMs and PACMs at the License Area Premises 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 HSH is aware that the presence, or possibility, of asbestos in or about the License Area Premises may limit LicenseeHSH's ability to use construct Alterations to the License Area Premises without Licensee HSH first performing abatement of such asbestos. The presence of asbestos in the License Area Premises and the removal or non-non- removal by Port of all or a portion of the asbestos, whether asbestos in the License Area or elsewherePremises, shall not, however, (i) entitle Licensee HSH to any Claim, (ii) relieve Licensee HSH of any of its obligations hereunder, including without limitation the obligation to pay License FeesRent, or (iii) constitute or be construed as a constructive or other eviction of HSH, or (iv) constitute or be construed as a breach of LicenseePort's rights under this Licensecovenant assuring HSH's quiet enjoyment of the Premises. Notwithstanding any other provisions of this LicenseMOU, Licensee HSH agrees to Indemnify Port for LicenseeHSH's acts or omissions that result in (1) asbestos-related enforcement actions, including both administrative or judicial proceedings, and (2) any Claims arising from an alleged violation of Cal-OSHA General Industry Safety Order for Asbestos and/or exposures to asbestos.

Notification of Asbestos. Port hereby notifies LicenseeTenant, 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 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 buildings or locations identified in the summary/tablereports included in Exhibit F, if any, set forth in Schedule 1 attached heretocopies of which have been delivered to or made available to Tenant. 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 heretosurvey. 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 Tenant 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)counsel, that it must make its Agents employees and contractors aware of the presence of ACMs and/or PACMs in or about the License Area Premises in order to avoid or minimize any damage to or disturbance of such ACMs and/or PACMs. Licensee Tenant further acknowledges its obligations under Cal-OSHA General Industry Safety Order for Asbestos to provide information to its Agents employees and contractors regarding the presence of ACMs and PACMs at the License Area Premises and to provide a training program for its employees that conforms with 8 CCR § 5208(j)(7)(C). Licensee Tenant agrees that its waiver of Claims set forth in Section 14.1 22 below (Indemnity and Exculpation) is given with full knowledge of the presence, or possibility, of asbestos in or about the License Area Premises and/or the Facility and the potential consequences of such fact. Licensee Tenant is aware that the presence, or possibility, of asbestos in or about the License Area Premises may limit LicenseeTenant's ability to use construct Alterations to the License Area Premises without Licensee Tenant first performing abatement of such asbestos. The presence of asbestos in the License Area Premises and/or the Facility and the removal or non-non- removal by Port of all or a portion of the asbestosasbestos in the Facility, whether in the License Area Premises or elsewhereelsewhere in the Facility, shall not, however, (i) entitle Licensee Tenant to any Claim, (ii) relieve Licensee Tenant of any of its obligations hereunder, including without limitation the obligation to pay License Fees, or (iii) constitute or be construed as a breach of Licensee's rights under this License. Notwithstanding any other provisions of this License, Licensee agrees to Indemnify Port for Licensee's acts or omissions that result in (1) asbestos-related enforcement actions, including both administrative or judicial proceedings, and (2) any Claims arising from an alleged violation of Cal-OSHA General Industry Safety Order for Asbestos and/or exposures to asbestos.Rent,