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Common use of No Asbestos Clause in Contracts

No Asbestos. A. Contractor shall execute and submit an “Asbestos Free Materials Certification." Contractor, further, is aware of the following: (1) Should asbestos containing materials be installed by the Contractor in violation of this certification, or if removal of asbestos containing materials is part of the Project, decontaminations and removals will be performed in accordance with the requirements of all applicable laws and will meet the following criteria: a. Decontamination and removal of work found to contain asbestos or work installed with asbestos containing equipment shall be done only under the supervision of a qualified consultant, knowledgeable in the field of asbestos abatement and accredited by the Environmental Protection Agency (EPA). b. The asbestos removal contractor shall be an EPA accredited contractor qualified in the removal of asbestos and shall be chosen and approved by the asbestos consultant who shall have sole discretion and final determination in this matter. c. The asbestos consultant shall be chosen and approved by the District which shall have sole discretion and final determination in this matter. d. The work will not be accepted until asbestos contamination is reduced to levels deemed acceptable by the asbestos consultant. B. If removal of asbestos containing materials is part of the Project, the cost of all asbestos removal, including, but not necessarily limited to the cost of the asbestos removal contractor, the cost of the asbestos consultant, analytical and laboratory fees, time delays and additional costs that may be incurred by the District shall be borne entirely by the Contractor.

Appears in 7 contracts

Samples: Construction Services Agreement, Construction Services Agreement, Construction Services Agreement

No Asbestos. A. Contractor shall execute and submit an "Asbestos Free Materials Certification." Contractor, further, is aware of the following: (1) Should asbestos containing materials be installed by the Contractor in violation of this certification, or if removal of asbestos containing materials is part of the Project, decontaminations and removals will be performed in accordance with the requirements of all applicable laws and will meet the following criteria: a. Decontamination and removal of work found to contain asbestos or work installed with asbestos containing equipment shall be done only under the supervision of a qualified consultant, knowledgeable in the field of asbestos abatement and accredited by the Environmental Protection Agency (EPA). b. The asbestos removal contractor shall be an EPA accredited contractor qualified in the removal of asbestos and shall be chosen and approved by the asbestos consultant who shall have sole discretion and final determination in this matter. c. The asbestos consultant shall be chosen and approved by the District which shall have sole discretion and final determination in this matter. d. The work will not be accepted until asbestos contamination is reduced to levels deemed acceptable by the asbestos consultant. B. If removal of asbestos containing materials is part of the Project, the cost of all asbestos removal, including, but not necessarily limited to the cost of the asbestos removal contractor, the cost of the asbestos consultant, analytical and laboratory fees, time delays and additional costs that may be incurred by the District shall be borne entirely by the Contractor.

Appears in 1 contract

Samples: Construction Services Agreement

No Asbestos. A. Contractor Design-Builder shall execute and submit an “Asbestos Free Materials Certification." Contractor, further, is aware of the following: (1) a Certificate Regarding Non-asbestos Containing Materials. Should asbestos containing materials be installed by the Contractor Design-Builder in violation of this certification, or if removal of asbestos containing materials is part of the Project, decontaminations and removals will be performed in accordance with the requirements of all applicable laws and will meet the following criteria: a. : Decontamination and removal of work found to contain asbestos or work installed with asbestos containing equipment shall be done only under the supervision of a qualified consultant, knowledgeable in the field of asbestos abatement abatement, and accredited by the Environmental Protection Agency (EPA). b. . The asbestos removal contractor Design-Builder shall be an EPA accredited contractor Design-Builder qualified in the removal of asbestos and shall be chosen and approved by the asbestos consultant who shall have sole discretion and final determination in this matter. c. . The asbestos consultant shall be chosen and approved by the District Owner which shall have sole discretion and final determination in this matter. d. . The work will not be accepted until asbestos contamination is reduced to levels deemed acceptable by the asbestos consultant. B. . If removal of asbestos containing materials is part of the Project, the cost costs of all asbestos removal, including, including but not necessarily limited to to, the cost of the asbestos removal contractorsustained by Design-Builder, the cost costs of the asbestos consultant, analytical and laboratory fees, time delays delays, and additional costs that may be incurred by the District Owner shall be borne entirely by the ContractorDesign-Builder.

Appears in 1 contract

Samples: Design and Construction Agreement