Use of Asbestos and PCB's Sample Clauses

Use of Asbestos and PCB's. Landlord represents and warrants to, and covenants with Tenant as follows: (1) If the Building is being constructed or if any modifications or renovations are to be done now or at any time during the Lease Term, Landlord or Landlord's contractors shall not use asbestos containing material for fireproofing or other purposes in such construction. (2) If the results of the ESA or Asbestos Survey, or the actual knowledge of Landlord, or its contractors, employees or Tenant, confirm that asbestos containing material is present in the Premises, Landlord agrees to remove all such asbestos containing material and any debris from the Premises, at Landlord's sole cost and expense prior to the Lease Commencement Date. Such removal shall be completed in accordance with all applicable federal, state and local laws and regulations concerning the removal of asbestos, and completed in accordance with methods approved by the Environmental Protection Agency ("EPA") and the Occupational Safety and Health Administration ("OSHA"), and performed by licensed industrial hygienists. Landlord will prosecute the work diligently to completion. After the removal procedure, Landlord will 27 monitor the air quality of the Premises by performing post abatement air clearance tests. Such tests shall be performed in accordance with procedures which meet the more stringent of the Asbestos Hazard Emergency Response Act ("AHERA") or state or local guidelines. If the results of such tests show an asbestos fiber count exceeding .01 fibers/cc (TEN) ("Acceptable Air Quality"), the Lease Commencement Date shall be delayed and Tenant will not occupy the Premises or commence the payment of Rent, until the situation has been remediated and the results of air sample testing verify an Acceptable Air Quality. Landlord will use due diligence to achieve such results. In no event shall remediation occur later than thirty (30) days following the Lease Commencement Date. (3) If the results of any ESA or the Asbestos Survey, or the actual knowledge of Landlord, or its contractors, employees or Tenant confirm that asbestos containing material is present in other areas of the Building or the Common Area Facilities, such areas shall be identified in the Operations and Maintenance Program attached hereto as Exhibit N. If the --------- results of any ESA's, an Asbestos Survey, or the actual knowledge of Landlord or its contractors, employees or Tenant, confirms that any such asbestos or asbestos containing material...
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Related to Use of Asbestos and PCB's

  • Use of Attachment Facilities by Third Parties Purpose of Attachment Facilities.‌‌ Except as may be required by Applicable Laws and Regulations, or as otherwise agreed to among the Parties, the Attachment Facilities shall be constructed for the sole purpose of interconnecting the Large Generating Facility to the New York State Transmission System and shall be used for no other purpose.

  • Use of Logos The Company hereby consents to the use of its and its Subsidiaries’ logos in connection with the Debt Financing so long as such logos (i) are used solely in a manner that is not intended to or likely to harm or disparage the Company Group or the reputation or goodwill of the Company Group; (ii) are used solely in connection with a description of the Company, its business and products or the Merger; and (iii) are used in a manner consistent with the other terms and conditions that the Company reasonably imposes.

  • Use of FIIOC’s and FSC's Name The Trust shall not use the name of FIIOC and FSC in any Prospectus, sales literature or other material relating to the Trust or any Fund of the Trust in a manner not consented to by FIIOC and FSC prior to use; provided, however, that FIIOC and FSC shall approve all uses of its name which merely refer in accurate terms to its appointments, duties or fees hereunder or which are required by the Securities and Exchange Commission ("SEC" or “Commission”) or a state securities commission; and further, provided that in no event shall such approval be unreasonably withheld.

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  • Use of Words and Phrases Herein," "hereby," "hereunder," "hereof," "hereinbefore," "hereinafter" and other equivalent words refer to the Pooling and Servicing Agreement as a whole. All references herein to Articles, Sections or Subsections shall mean the corresponding Articles, Sections and Subsections in the Pooling and Servicing Agreement. The definitions set forth herein include both the singular and the plural.