Mold and Asbestos Sample Clauses

Mold and Asbestos. If mold (in amounts greater than that occurring naturally in the area) and/or asbestos containing materials ("ACMs") are found in the Building or the Premises, to the extent such conditions were not created by Tenant during the Term or any Extension Term, Landlord shall cause such mold and/or ACMs to be remediated or abated in accordance with all Environmental Laws as soon as is reasonably possible. If any such remediation or abatement materially interferes with Tenant's ability to proceed with Tenant's Alterations or Tenant's ability to conduct business in the Premises and Tenant actually does not perform such Alterations or discontinues the conduct of business in the Premises as a result thereof, then Tenant shall be entitled to a one-day tolling of any of its obligations under this Lease for the space impacted, including, but not limited to, its obligation to pay Base Rent and Additional Rent, for each day Tenant is unable to proceed with any such work or conduct business in the Premises, until such time as Landlord has caused such mold and/or ACMs to be so remediated or abated; provided, however, that the foregoing shall not apply to the extent that such remediation or abatement was triggered by Tenant’s Alterations in the Premises and the foregoing provisions of this Section 9.3(c) shall not be deemed to limit Tenant’s obligations to remediate or xxxxx asbestos disturbed by Tenant in connection with any Alterations performed or paid for by Tenant pursuant to Section 9.3(b). Without limiting the foregoing remedy, and provided such conditions were not created by Tenant during the Term, were not known to Tenant to exist in the Building as of the Commencement Date and would not have been discovered by Tenant in the operation of the Building prior to the Commencement Date in the manner that a reasonably prudent owner would have operated the Building, if as a result of such mold and/or ACM, Tenant is unable to and in fact ceases to occupy twenty-five percent (25%) or more of the rentable area of the Premises and Landlord fails to commence the remediation or abatement within sixty (60) days from the earlier of (i) the date Tenant notifies Landlord of the discovery of mold or ACMs in the Building or (ii) the date Landlord actually learns of the mold or ACMs in the Building(provided that such sixty (60) day period shall be extended, on a day-for-day basis, for any delays in the issuance of governmental approvals or permits required to perform the remediation o...
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Related to Mold and Asbestos

  • Asbestos Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration.

  • Explosives Explosives or other highly flammable substances shall not be stored or used on Railroad's property without the prior written approval of Railroad.

  • TOXIC SUBSTANCES Each Contractor furnishing a toxic substance as defined by Section 875 of the Labor Law, shall provide such Authorized User with not less than two copies of a material safety data sheet, which sheet shall include for each such substance the information outlined in Section 876 of the Labor Law. Before any chemical product is used or applied on or in any building, a copy of the product label and Material Safety Data Sheet must be provided to and approved by the Authorized User agency representative.

  • Insulation In exterior walls? Yes No Unknown In ceiling/attic? Yes No Unknown In any other areas? Yes No Where? Comments:

  • Adverse Weather Shall be only weather that satisfies all of the following conditions: (1) unusually severe precipitation, sleet, snow, hail, or extreme temperature or air conditions in excess of the norm for the location and time of year it occurred based on the closest weather station data averaged over the past five years, (2) that is unanticipated and would cause unsafe work conditions and/or is unsuitable for scheduled work that should not be performed during inclement weather (i.e., exterior finishes), and (3) at the Project.

  • Environmental Tobacco Smoke Public Law 103-227 (also known as the Pro-Children Act of 1994) and Vermont’s Act 135 (2014) (An act relating to smoking in lodging establishments, hospitals, and child care facilities, and on State lands) restrict the use of tobacco products in certain settings. Party shall ensure that no person is permitted: (i) to use tobacco products or tobacco substitutes as defined in 7 V.S.A. § 1001 on the premises, both indoor and outdoor, of any licensed child care center or afterschool program at any time; (ii) to use tobacco products or tobacco substitutes on the premises, both indoor and in any outdoor area designated for child care, health or day care services, kindergarten, pre-kindergarten, elementary, or secondary education or library services; and (iii) to use tobacco products or tobacco substitutes on the premises of a licensed or registered family child care home while children are present and in care. Party will refrain from promoting the use of tobacco products for all clients and from making tobacco products available to minors. Failure to comply with the provisions of the federal law may result in the imposition of a civil monetary penalty of up to $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. The federal Pro-Children Act of 1994, however, does not apply to portions of facilities used for inpatient drug or alcohol treatment; service providers whose sole source of applicable federal funds is Medicare or Medicaid; or facilities where Women, Infants, & Children (WIC) coupons are redeemed.

  • MATERIAL SAFETY DATA SHEETS As applicable, Contractor shall provide Purchaser with all appropriate Material Safety Data Sheets (“MSDS”) at the time of delivery of each shipment of Goods which requires such compliance and/or and for materials used by Contractor while performing Services and any updates of the same.

  • Hazardous Wastes In the event that the Mortgaged Property, related to a Mortgage Loan which is being considered for liquidation by foreclosure or the transfer of a deed-in-lieu of foreclosure, contains, and the Servicer has reason to believe that it contains, hazardous or regulated substances which may impose liability, for damages, remediation or otherwise, upon the owner of such Mortgaged Property pursuant to Federal, State or local law, the Servicer shall not, except with the express prior written approval of the Master Servicer, which approval makes specific reference to the presence of such hazardous or regulated substances, undertake or continue the process of foreclosure with respect to such Mortgaged Property.

  • Material Safety Data Sheet Seller shall provide to Buyer with each delivery any Material Safety Data Sheet applicable to the work in conformance with and containing such information as required by the Occupational Safety and Health Act of 1970 and regulations promulgated thereunder or its State approved counterpart.

  • Hazardous Waste The term “Hazardous Substances,” as used in this Lease shall mean pollutants, contaminants, toxic or hazardous wastes, or any other substances, the use and/or the removal of which is required or the use of which is restricted, prohibited or penalized by any “Environmental Law,” which term shall mean any federal, state or local law, ordinance or other statute of a governmental or quasi-governmental authority relating to the pollution or protection of the environment. Tenant hereby agrees that (i) no activity will be conducted on the Premises that will produce any Hazardous Substances; (ii) the Premises will not be used in any manner for the storage of any Hazardous Substances; (iii) no portion of the Premises will be used as a landfill or a dump; (iv) Tenant will not install any underground tanks of any type; (v) Tenant will not allow any surface of subsurface conditions to exist or come into existence that constitute, or with the passage of time may constitute a public or private nuisance; (vi) Tenant will not permit any hazardous Substances to be brought onto the Premises, and if so brought thereon, then the same shall be immediately removed with proper disposal, and all required clean-up procedures shall be diligently undertaken pursuant to all Environmental Laws. Landlord or Landlord’s representative shall have the right but not the obligation to enter the Premises upon reasonable notice except in case of an emergency for the purpose of ensuring compliance with all Environmental Laws. If Tenant so contaminates the Premises, then Tenant shall promptly and diligently institute proper and thorough clean-up procedures at Tenant’s sole cost, and Tenant hereby indemnifies and holds Landlord harmless from and against all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of Tenant’s failure to comply with this Paragraph 48. The foregoing indemnification and the responsibilities of Tenant shall survive the expiration or earlier termination of this Lease.

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