Common use of Lead Based Paint Disclaimer Clause in Contracts

Lead Based Paint Disclaimer. Licensee, by acceptance of this license, is hereby notified and informed and shall assume that the Licensed Area contains lead- based paint. Licensee shall be prepared to perform localized abatement. Licensee accepts the Licensed Area in its “As-Is” condition and shall hold harmless, indemnify, and defend Trustees and Trustees’ officers, agents and employees from all liability, damages, and claims which may occur to any real or personal property or persons by: (A) any Release of lead on the Site or the Licensed Area caused by Licensee or its affiliates, officers, agents and employees (“Licensee Indemnitors”); or (B) any environmental claim from any third party with regard to any violation or alleged violation of any Environmental Laws that dictate handling of lead by Licensee or the Licensee Indemnitors, or any actual, threatened or alleged Release of lead affecting the Site or the Licensed Area by the Licensee or Licensee Indemnitors. If lead based paint containment and/or removal will be required solely as a result of Licensee’s installation of the System at the Licensed Area, Licensee shall not install the System until all lead-based paint containment and/or removal work is performed and certified as completed by a licensed lead-based paint contractor approved by Trustees. Licensee shall submit copies of the certification of completion of any and all lead-based paint work to Trustees pursuant to the Notice provisions in Section 19.9 prior to the installation of the System at the Licensed Area. Licensee hereby initials this Section to verify this indemnity and agreement.