Common use of Asbestos Containing Materials Clause in Contracts

Asbestos Containing Materials. For alteration, renovation and rehabilitation work performed in existing buildings, the Professional shall retain a qualified asbestos sub-consultant to determine the presence of asbestos containing materials (ACM). If ACM is present, and the Owner determines that the ACM should be abated, the Professional shall provide the design for the abatement of the ACM, and to monitor the abatement of the ACM by the Owner’s Contractor – if directed by the Owner. [Insert and identify with specificity all Additional Required Services, Modified Required Services, or state “None”] [Insert and identify with specificity all Additional Required Services, Modified Required Services, or state “None”] [Procurement staff to omit next paragraph when art acquisition services are not provided.] For the Art Acquisition Program, the Professional, as part of Original Scope of Services, shall participate as a non-voting member of the Art Selection Committee by attending meetings, providing advice, and by recommending and designing suitable settings, all as described in the Owner’s Art Acquisition Program Procedures. [Insert and identify with specificity all Additional Required Services, Modified Required Services, or state “None”] For projects requiring geotechnical services, the Professional shall be responsible for hiring a geotechnical engineer involved to perform an investigation of the site subsurface conditions and prepare a report. The geotechnical engineer will be responsible for determining the scope of the required investigation, which will also be subject to review by the Owner. At a minimum, the geotechnical investigation and report shall meet the requirements outlined in Chapter 18 of the applicable Building Code. See also the Owner’s Design Professional’s Submission Requirements document for information related to the timing and scope of these services. The geotechnical engineer shall be part of the project team and remain involved at various intermediate stages in the process to review the construction documents, interact with the structural engineer and architect, and confirm that their recommendations are being interpreted as intended. [Insert and identify with specificity all Additional Required Services, Modified Required Services, or state “None”] [Insert and identify with specificity all Additional Required Services, Modified Required Services, or state “None”] [Insert and identify with specificity all Additional Required Services, Modified Required Services, or state “None”] [Insert and identify with specificity all Additional Required Services, Modified Required Services, or state “None”] [Insert and identify with specificity all Additional Required Services, Modified Required Services, or state “None”] [Procurement staff to edit this section for the specific services to be provided.] The Professional shall compile and provide operation and maintenance documentation to support design and construction activities, and to train operation and maintenance staff. The operation and maintenance manual must be edited to include only data for equipment and systems that are actually installed. The Professional shall compile and provide complete operation and maintenance documentation consisting of the following:

Asbestos Containing Materials. For alterationTenant acknowledges and agrees that (i) the Project was constructed at a time when asbestos was commonly used in construction, renovation (ii) asbestos and rehabilitation work performed in existing buildings, the Professional shall retain a qualified asbestos subasbestos-consultant to determine the presence of asbestos containing materials (collectively, “ACM). If ACM is present”) may be present at the Project, and (iii) airborne asbestos fibers may be released and result in a potential health hazard if proper ACM containment, remediation and abatement procedures are not observed. Except as otherwise provided in this Lease and the Owner determines Tenant Work Letter, Tenant shall be solely responsible for all costs related to ACM that the ACM should be abatedarise in connection with Tenant’s occupancy, the Professional shall provide the design for the abatement use, modification, alteration or improvement of the ACMPremises. In connection with any modifications, and alterations or improvements contemplated to monitor the abatement of the ACM be performed by the Owner’s Contractor – if directed by the Owner. [Insert and identify with specificity all Additional Required Services, Modified Required Services, or state “None”] [Insert and identify with specificity all Additional Required Services, Modified Required Services, or state “None”] [Procurement staff to omit next paragraph when art acquisition services are not provided.] For the Art Acquisition Program, the Professional, as part of Original Scope of Services, shall participate as a non-voting member of the Art Selection Committee by attending meetings, providing advice, and by recommending and designing suitable settings, all as described Tenant in the OwnerPremises, Tenant (including its contractors and other agents) shall consult with Landlord and Landlord’s Art Acquisition Program Proceduresasbestos consultant concerning appropriate procedures to be followed in connection with ACM prior to performing any such work in the Premises. [Insert and identify with specificity all Additional Required Services, Modified Required Services, or state “None”] For projects requiring geotechnical services, the Professional All such work shall be responsible for hiring a geotechnical engineer involved to perform an investigation of the site subsurface conditions and prepare a report. The geotechnical engineer will be responsible for determining the scope of the required investigation, which will also be subject to review by the Ownerterms of Article 8 below. At a minimumDuring the performance of any such work, the geotechnical investigation Tenant (including its contractors and report other agents) shall meet the requirements outlined in Chapter 18 comply with all applicable laws, rules, regulations and other governmental requirements, as well as all directives of the applicable Building CodeLandlord and Landlord’s asbestos consultant, relating to ACM. See also the OwnerTenant hereby irrevocably appoints Landlord and Landlord’s Design Professionalasbestos consultant as Tenant’s Submission Requirements document attorney-in-fact for information purposes of supervising and directing any ACM-related to the timing and scope aspects of these services. The geotechnical engineer shall be part of the project team and remain involved at various intermediate stages Tenant’s contemplated work in the process Premises (provided that such appointment shall not relieve Tenant from its obligations hereunder, nor impose any affirmative obligation on Landlord to review provide such supervision or direction). In connection with any such work that may affect ACM in the construction documentsPremises or the Project, interact with Landlord shall have the structural engineer and architect, and confirm that their recommendations are being interpreted as intended. [Insert and identify with specificity all Additional Required Services, Modified Required Services, right at any time to cause Tenant to immediately stop such work if such work has not been approved in writing by Landlord or state “None”] [Insert and identify with specificity all Additional Required Services, Modified Required Services, or state “None”] [Insert and identify with specificity all Additional Required Services, Modified Required Services, or state “None”] [Insert and identify with specificity all Additional Required Services, Modified Required Services, or state “None”] [Insert and identify with specificity all Additional Required Services, Modified Required Services, or state “None”] [Procurement staff to edit this section if such work has deviated from the plans previously approved by Landlord for the specific services to be providedsuch work.] The Professional shall compile and provide operation and maintenance documentation to support design and construction activities, and to train operation and maintenance staff. The operation and maintenance manual must be edited to include only data for equipment and systems that are actually installed. The Professional shall compile and provide complete operation and maintenance documentation consisting of the following:

Asbestos Containing Materials. For alteration, renovation and rehabilitation work performed in existing buildings, the Professional shall retain a qualified asbestos sub-consultant subconsultant to determine the presence of asbestos containing materials (ACM). If ACM is present, and the Owner determines that the ACM should be abated, the Professional shall provide the design for the abatement of the ACM, and to monitor the abatement of the ACM by the Owner’s Contractor – if directed by the Owner. PROJECT APPROVAL SERVICES [¶ 1.4.2] [Insert and identify with specificity all Additional Required Services, Modified Required Services, or state “None”] [Insert and identify with specificity all Additional Required Services, Modified Required Services, or state “None”] [Procurement staff to omit next paragraph when art acquisition services are not provided.] For the Art Acquisition Program, the Professional, as part of Original Scope of Services, shall participate as a non-voting member of the Art Selection Committee by attending meetings, providing advice, and by recommending and designing suitable settings, all as described in the Owner’s Art Acquisition Program Procedures. [Insert and identify with specificity all Additional Required Services, Modified Required Services, or state “None”] For projects requiring geotechnical services, the Professional shall be responsible for hiring a geotechnical engineer involved to perform an investigation of the site subsurface conditions and prepare a report. The geotechnical engineer will be responsible for determining the scope of the required investigation, which will also be subject to review by the Owner. At a minimum, the geotechnical investigation and report shall meet the requirements outlined in Chapter 18 of the applicable Building Code. See also the Owner’s Design Professional’s Submission Requirements document for information related to the timing and scope of these services. The geotechnical engineer shall be part of the project team and remain involved at various intermediate stages in the process to review the construction documents, interact with the structural engineer and architect, and confirm that their recommendations are being interpreted as intended. [Insert and identify with specificity all Additional Required Services, Modified Required Services, or state “None”] [Insert and identify with specificity all Additional Required Services, Modified Required Services, or state “None”.] [Insert and identify with specificity all Additional Required Services, Modified Required Services, or state “None”] [Insert and identify with specificity all Additional Required Services, Modified Required Services, or state “None”] [Insert and identify with specificity all Additional Required Services, Modified Required Services, or state “None”] . OTHER REQUIREMENTS/SERVICES [Procurement staff to edit this section for the specific services to be provided.] The Professional shall compile and provide operation and maintenance documentation to support design and construction activities, and to train operation and maintenance staff. The operation and maintenance manual must be edited to include only data for equipment and systems that are actually installed. The Professional shall compile and provide complete operation and maintenance documentation consisting of the following:

Asbestos Containing Materials. For alteration, renovation and rehabilitation work performed in existing buildings, the Professional shall retain a qualified asbestos subLandlord has advised Tenant that asbestos-consultant to determine the presence of asbestos containing materials ("ACM") as defined by the Oregon Department of Environmental Quality ("DEQ") are present in the Premises. Landlord has provided to Tenant a copy of the environmental assessment prepared by Agra Earth & Environmental dated January _, 1997 (the "ENVIRONMENTAL ASSESSMENT"). Landlord shall, at its own expense prior to delivery of possession of the Premises to Tenant, remove all ACM identified in the Environmental Assessment and all ACM discovered during the work to be performed by Landlord pursuant to Section 15 and Exhibit B in compliance with all laws, requirements, orders, directives, rules and regulations of all federal, state and local government authorities with respect to ACM (collectively, the "ACM REGULATIONS"). Upon taking possession of the Premises following delivery of possession of the Premises to Tenant with work to be performed by Landlord substantially complete, Tenant shall not have any obligation to perform any survey, testing, notification or abatement work described below, provided that in the event that Tenant discovers any additional ACM in the Premises in connection with any alterations or repairs to the Premises by Tenant, Tenant shall be responsible, at its sole cost and expense, for performing all survey, testing, notification and abatement work that may be required under the ACM Regulations. Tenant's ACM testing and abatement work will be performed in compliance with the ACM Regulations. In such event, Tenant shall engage a qualified consultant to prepare an Asbestos Control Operation and Maintenance ("O&M") Program for the Premises. Tenant shall take all steps required to implement the O&M Program, including abatement of any ACM debris and monitoring of air quality within the Premises. If the ACM is presentRegulations require the removal or containment of ACM in the Premises, Tenant shall notify Landlord in writing at least 30 days before taking any action to remove or contain such ACM. Tenant shall (i) promptly deliver to Landlord copies of all notices, sampling results, and the Owner determines that removal or containment plans submitted to any government agency, (ii) employ at Tenant's expense a government certified person to remove or contain such ACM in compliance with the ACM should be abatedRegulations, the Professional shall provide the design for the abatement and (iii) deliver to Landlord copies of all certificates of compliance issued by government agencies upon completion of the ACMremoval or containment action. Tenant shall, at its expense, transport and to monitor XXXXXX SCHOLLS dispose of all ACM removed from the abatement of Premises in compliance with the ACM by Regulations. Tenant shall pay all costs, expenses, liabilities, losses, damages, fines, penalties, claims and demands including attorney fees and costs that may arise in any manner from Tenant's failure to comply with the Owner’s Contractor – if directed by ACM Regulations or in connection with the Owner. [Insert and identify with specificity all Additional Required Services, Modified Required Servicestesting for, or state “None”] [Insert and identify with specificity all Additional Required Servicescontainment, Modified Required Servicesremoval, disposal or state “None”] [Procurement staff to omit next paragraph when art acquisition services are not provided.] For the Art Acquisition Programreplacement of, the Professional, as part of Original Scope of Services, shall participate as a non-voting member of the Art Selection Committee by attending meetings, providing advice, and by recommending and designing suitable settings, all as described any ACM in the Owner’s Art Acquisition Program Procedures. [Insert and identify with specificity all Additional Required Services, Modified Required Services, or state “None”] For projects requiring geotechnical services, the Professional shall be responsible for hiring a geotechnical engineer involved to perform an investigation of the site subsurface conditions and prepare a report. The geotechnical engineer will be responsible for determining the scope of the required investigation, which will also be subject to review by the Owner. At a minimum, the geotechnical investigation and report shall meet the requirements outlined in Chapter 18 of the applicable Building Code. See also the Owner’s Design Professional’s Submission Requirements document for information related to the timing and scope of these services. The geotechnical engineer shall be part of the project team and remain involved at various intermediate stages in the process to review the construction documents, interact with the structural engineer and architect, and confirm that their recommendations are being interpreted as intended. [Insert and identify with specificity all Additional Required Services, Modified Required Services, or state “None”] [Insert and identify with specificity all Additional Required Services, Modified Required Services, or state “None”] [Insert and identify with specificity all Additional Required Services, Modified Required Services, or state “None”] [Insert and identify with specificity all Additional Required Services, Modified Required Services, or state “None”] [Insert and identify with specificity all Additional Required Services, Modified Required Services, or state “None”] [Procurement staff to edit this section for the specific services to be providedPremises.] The Professional shall compile and provide operation and maintenance documentation to support design and construction activities, and to train operation and maintenance staff. The operation and maintenance manual must be edited to include only data for equipment and systems that are actually installed. The Professional shall compile and provide complete operation and maintenance documentation consisting of the following:

Asbestos Containing Materials. For alteration, renovation and rehabilitation work performed in existing buildings, the Professional shall retain a qualified asbestos sub-consultant subconsultant to determine the presence of asbestos containing materials (ACM). If ACM is present, and the Owner determines that the ACM should be abated, the Professional shall provide the design for the abatement of the ACM, and a nd to monitor the abatement of the ACM by the Owner’s Contractor – if directed by the Owner. PROJECT APPROVAL SERVICES [Insert and identify with specificity all Additional Required Services, Modified Required Services, ¶ 1.4.2] or state “None”] [Insert and identify with specificity all Additional Required Services, Modified Required Services, or state “None”] [Procurement staff to omit next paragraph when art acquisition services are not provided.] For the Art Acquisition Program, the Professional, as part of Original Scope of Services, shall participate as a non-voting member of the Art Selection Committee by attending meetings, providing advice, and by recommending and designing suitable settings, all as described in the Owner’s Art Acquisition Program Procedures. [Insert and identify with specificity all Additional Required Services, Modified Required Services, or state “None”] For projects requiring geotechnical services, the Professional shall be responsible for hiring a geotechnical engineer involved to perform an investigation of the site subsurface conditions and prepare a report. The geotechnical engineer will be responsible for determining the scope of the required investigation, which will also be subject to review by the Owner. At a minimum, the geotechnical investigation and report shall meet the requirements outlined in Chapter 18 of the applicable Building Code. See also the Owner’s Design Professional’s Submission Requirements document for information related to the timing and scope of these services. The geotechnical engineer shall be part of the project team and remain involved at various intermediate stages in the process to review the construction documents, interact with the structural engineer and architect, and confirm that their recommendations are being interpreted as intended. or state “None”] [Insert and identify with specificity all Additional Required Services, Modified Required Services, or state “None”.] [Insert and identify with specificity all Additional Required Services, Modified Required Services, or state “None”] [Insert and identify with specificity all Additional Required Services, Modified Required Services, or state “None”] [Insert and identify with specificity all Additional Required Services, Modified Required Services, or state “None”] [Insert and identify with specificity all Additional Required Services, Modified Required Services, or state “None”] . [Procurement staff to edit this section for the specific services to be provided.] The Professional shall compile and provide operation and maintenance documentation to support design and construction activities, and to train operation and maintenance staff. The operation and maintenance manual must be edited to include only data for equipment and systems that are actually installed. The Professional shall compile and provide complete operation and maintenance documentation consisting of the following:

Asbestos Containing Materials. For alterationTenant acknowledges and agrees that (i) the Project was constructed at a time when asbestos was commonly used in construction, renovation (ii) asbestos and rehabilitation work performed in existing buildings, the Professional shall retain a qualified asbestos subasbestos-consultant to determine the presence of asbestos containing materials (collectively, “ACM). If ACM is present”) may be present at the Project, and the Owner determines that the (iii) airborne asbestos fibers may be released and result in a potential health hazard if proper ACM should be abatedcontainment, the Professional shall provide the design for the remediation and abatement of the ACM, and to monitor the abatement of the ACM by the Owner’s Contractor – if directed by the Owner. [Insert and identify with specificity all Additional Required Services, Modified Required Services, or state “None”] [Insert and identify with specificity all Additional Required Services, Modified Required Services, or state “None”] [Procurement staff to omit next paragraph when art acquisition services procedures are not provided.] For observed. Except as otherwise provided in this Lease and the Art Acquisition ProgramTenant Work Letter, the Professional, as part of Original Scope of Services, shall participate as a non-voting member of the Art Selection Committee by attending meetings, providing advice, and by recommending and designing suitable settings, all as described in the Owner’s Art Acquisition Program Procedures. [Insert and identify with specificity all Additional Required Services, Modified Required Services, or state “None”] For projects requiring geotechnical services, the Professional Tenant shall be responsible for hiring a geotechnical engineer involved all costs related to perform an investigation ACM that arise in connection with Tenant’s modification, alteration or improvement of the site subsurface conditions and prepare a reportPremises. The geotechnical engineer will Landlord shall be responsible for determining the scope all costs related to ACM that arise in connection with Landlord’s work and delivery of the required investigationPremises to Tenant (the “Landlord ACM Work”). All of the Landlord ACM Work shall comply with appropriate procedures as recommended by Landlord’s asbestos consultant, and shall include, without limitation, air-sampling as recommended by Landlord’s asbestos consultant which will also shall occur following the completion of all of Landlord’s other demolition work in the Premises. All the Landlord ACM Work shall comply with all applicable laws, rules, regulations and other governmental requirements relating to ACM. In connection with any modifications, alterations or improvements contemplated to be performed by Tenant in the Premises, Tenant (including its contractors and other agents) shall consult with Landlord and Landlord’s asbestos consultant concerning appropriate procedures to be followed in connection with ACM prior to performing any such work in the Premises. All such work shall be subject to review by the Ownerterms of Article 8 below. At a minimumDuring the performance of any such work, the geotechnical investigation Tenant (including its contractors and report other agents) shall meet the requirements outlined in Chapter 18 comply with all applicable laws, rules, regulations and other governmental requirements, as well as all directives of the applicable Building CodeLandlord and Landlord’s asbestos consultant, relating to ACM. See also the OwnerTenant hereby irrevocably appoints Landlord and Landlord’s Design Professionalasbestos consultant as Tenant’s Submission Requirements document attorney-in-fact for information purposes of supervising and directing any ACM-related to the timing and scope aspects of these services. The geotechnical engineer shall be part of the project team and remain involved at various intermediate stages Tenant’s contemplated work in the process Premises (provided that such appointment shall not relieve Tenant from its obligations hereunder, nor impose any affirmative obligation on Landlord to review provide such supervision or direction). In connection with any such work that may affect ACM in the construction documentsPremises or the Project, interact with Landlord shall have the structural engineer and architect, and confirm that their recommendations are being interpreted as intendedright at any time to cause Tenant to immediately stop such work if such work has not been approved in writing by Landlord or if such work has deviated from the plans previously approved by Landlord for such work. [Insert and identify with specificity all Additional Required Services, Modified Required Services, or state “None”] [Insert and identify with specificity all Additional Required Services, Modified Required Services, or state “None”] [Insert and identify with specificity all Additional Required Services, Modified Required Services, or state “None”] [Insert and identify with specificity all Additional Required Services, Modified Required Services, or state “None”] [Insert and identify with specificity all Additional Required Services, Modified Required Services, or state “None”] [Procurement staff to edit this section for the specific services to be provided.] The Professional shall compile and provide operation and maintenance documentation to support design and construction activities, and to train operation and maintenance staff. The operation and maintenance manual must be edited to include only data for equipment and systems that are actually installed. The Professional shall compile and provide complete operation and maintenance documentation consisting of the following:Landlord’s Initials Tenant’s Initials