ASBESTOS DISCLOSURES. Landlord has advised Tenant that there is asbestos-containing material ("ACM") in the Building. Attached hereto as Exhibit F is a disclosure statement regarding ACM in the Building. Tenant acknowledges that such notice complies with the requirements of Section 25915 et. seq. and Section 25359.7 of the California Health and Safety Code.
ASBESTOS DISCLOSURES. Tenant acknowledges that Landlord has advised Tenant that the Project contains or, because of its age, is likely to contain, asbestos-containing materials ("ACMs"). If Tenant undertakes any Alterations or repairs to the Premises (to the extent permitted under Article 9), Tenant shall, in addition to complying with the requirements of Article 8, undertake the Alterations or repairs in a manner that avoids disturbing any ACMs present in the Project. If ACMs are likely to be disturbed in the course of such work, Tenant shall encapsulate or remove the ACMs in accordance with an approved asbestos-removal plan and otherwise in accordance with all applicable environmental laws, including giving all notices required by the California Health and Safety Code.
ASBESTOS DISCLOSURES. Landlord has advised Tenant that there is asbestos-containing material in the Building. Attached hereto as Exhibit D is a disclosure statement regarding asbestos in the Building. Tenant acknowledges that such notice complies with the requirements of Section 25915 of the California Health and Safety Code.
ASBESTOS DISCLOSURES. Tenant acknowledges that Landlord has advised Tenant that the Project contains or, because of its age, is likely to contain, asbestos-containing materials (“ACMs”). If any governmental entity promulgates or revises a statute, ordinance, code, rule or regulation, or imposes mandatory or voluntary controls or guidelines with respect to such ACMs or if Landlord otherwise so elects, Landlord may, in its sole discretion, comply with such mandatory or voluntary controls or guidelines, or elect to make such alterations or remove such ACMs. Such compliance or the making of alterations, and the removal of all or a portion of such ACMs, whether in the Premises or elsewhere in the Building, shall not, in any event constitute a breach by Landlord of any provision of this Lease, relieve Tenant of the obligation to pay any rent due under this Lease (except as provided in Section 11(f) hereof), constitute or be construed as a constructive or other eviction of Tenant, or constitute or be construed as a breach of Tenant’s quiet enjoyment. If Tenant undertakes any Alterations or repairs to the Premises (to the extent permitted under Article 9), Tenant shall, in addition to complying with the requirements of Article 9, undertake the Alterations or repairs in a manner that avoids disturbing any ACMs present in the Project. If ACMs are likely to be disturbed in the course of such work, Tenant (at Tenant’s sole cost and expense) shall (i) follow Landlord’s commercially reasonable regulations and procedures with respect thereto (“Landlord’s ACM Procedures”), and (ii) encapsulate or remove the ACMs in accordance with a Landlord-approved asbestos-removal plan and otherwise in accordance with all applicable environmental laws, including giving all notices required by the California Health and Safety Code. Tenant shall also comply with all applicable laws, rules and regulations requiring disclosure to employees and/or invitees of the presence of ACMs at or around the Premises and/or the Project. Landlord has no special knowledge of the general procedures or handling restrictions to minimize or prevent the disturbance, release or exposure to ACMs or of the potential health risks that may result from any exposure to ACMs. Tenant is encouraged to contact local or state public health agencies for further information. Notwithstanding anything above to the contrary, during the first thirty-two (32) months of the Lease Term, and so long as Tenant has complied with the requirements of Artic...
ASBESTOS DISCLOSURES. Tenant specifically acknowledges that Tenant has been advised that asbestos-containing materials may have been used in the initial construction of the Building, and may have been used in connection with various additions and improvements made thereafter from time to time.
ASBESTOS DISCLOSURES. Tenant acknowledges that Landlord has advised Tenant that the Project contains or, because of its age, is likely to contain, asbestos-containing materials ("ACMs"). If Tenant undertakes any Alterations or repairs to the Premises (to the extent permitted under Article 9), Tenant shall, in addition to complying with the requirements of Article 9, undertake the Alterations or repairs in a manner that avoids disturbing any ACMs present in the Project. If ACMs are likely to be disturbed in the course of such work, Tenant shall encapsulate or remove the ACMs in accordance with an approved asbestos-removal plan and otherwise in accordance
ASBESTOS DISCLOSURES. Xxxxxxxx has advised Tenant that there is asbestos-containing material (“ACM”) in the Building. Attached hereto as Exhibit F is a disclosure statement regarding ACM in the Building. Tenant acknowledges that such notice complies with the requirements of Section 25915 et. seq. and Section 25359.7 of the California Health and Safety Code. [signatures on next page] FOUR EMBARCADERO CENTER 607152.05/WLA [Nighthawk Radiology Services, LLC] E2621-081/1-8-07/kt/kt -54- [AMLGMN] IN WITNESS WHEREOF, Landlord and Xxxxxx have caused this Lease to be executed the day and date first above written. “Landlord”: FOUR EMBARCADERO CENTER VENTURE, a California general partnership By: Boston Properties LLC, a Delaware limited liability company, its managing general partner By: Boston Properties Limited Partnership, a Delaware limited partnership, its managing member By: Boston Properties, Inc., a Delaware corporation, its general partner By: /s/ Xxx Xxxxxx Name: Title: Senior Vice President
ASBESTOS DISCLOSURES. Based on representations Landlord obtained in connection with acquisition of the property, Landlord has advised Tenant that there has been no release of asbestos-containing material (“ACM”) in the Building and no disclosure statement under Section 25359.7 of the California Health and Safety Code is required. As the prior and current occupant of the property, Tenant has advised Landlord that there has been no release of ACM in the Building and no disclosure statement under Section 25359.7 of the California Health and Safety Code is required. EXHIBIT F Special Stipulations Exhibit F-1 to Facility Lease Agreement For Kentfield Rehabilitation and Specialty Hospital Kentfield, Marin County, California Special Stipulations Regarding Seismic Compliance
ASBESTOS DISCLOSURES. Tenant specifically acknowledges that Tenant has been advised that asbestos and/or asbestos-containing materials were used in the initial construction of the Building, and may have been used in connection with various additions and improvements made thereafter from time to time. Tenant shall have no obligation to clean up, remediate, monitor, abatx, xxgarding or reimburse, release, indemnify, or defend Landlord with respect to any hazardous materials which Tenant did not cause to be introduced onto the Premises or any other portion of the Project, provided that the foregoing shall in no event limit or preclude Landlord from including costs incurred in connection with hazardous materials in Operating Expenses to the extent permitted pursuant to the terms of Article 4 of this Lease. Landlord covenants and agrees that Landlord shall, at Landlord's sole cost and expense, cause a licensed asbestos abatement contractor selected by Landlord under the supervision of an environmental consultant selected by Landlord to remove and properly dispose of, to the extent practicable, pursuant to Landlord's asbestos-containing materials ("ACM") removal program, which program shall be in accordance with all applicable environmental laws, ACM located at the Premises.
ASBESTOS DISCLOSURES. Tenant specifically acknowledges that Tenant has been advised that asbestos-containing materials were used in the initial construction of the Building, and may have been used in connection with various additions and improvements made thereafter from time to time. Landlord shall comply with applicable laws, from time to time in effect, which require the abatement, removal, encapsulation or other remediation of Hazardous Material in the Building. The cost of such compliance by Landlord shall be includable in Operating Expenses only to the extent permitted pursuant to the terms of Section 4.2.4, above.
