Common use of Notification of Asbestos Clause in Contracts

Notification of Asbestos. Port hereby notifies Tenant, in accordance with the OSHA Asbestos Rule (1995), 59 Fed. Reg. 40964, 29 CFR §§ 1910.1001, 1926.1101 (as amended, clarified and corrected) (OSHA Asbestos Rule); California Health and Safety Code §§ 25915-259.7 and Cal-OSHA General Industry Safety Order for Asbestos, 8 CCR § 5208, of the presence of asbestos-containing materials ("ACMs") and/or presumed asbestos-containing materials ("PACMs") (as such terms are defined in Cal-OSHA General Industry Safety Order for Asbestos), in the buildings or locations identified in the reports included in Exhibit F, copies of which have been delivered to or made available to Tenant. This notification by Port is made pursuant to a building inspection survey(s), if any, performed by Port or its contractors qualified to perform an asbestos building survey. Such survey(s), monitoring data and other information are kept at Port of Xxx Xxxxxxxxx, Xxxx 0, Xxx Xxxxxxxxx, Xxxxxxxxxx, 00000 and are available for inspection upon request. Tenant hereby acknowledges and understands, after having consulted its legal counsel, that it must make its employees and contractors aware of the presence of ACMs and/or PACMs in or about the Premises in order to avoid or minimize any damage to or disturbance of such ACMs and/or PACMs. Tenant further acknowledges its obligations under Cal-OSHA General Industry Safety Order for Asbestos to provide information to its employees and contractors regarding the presence of ACMs and PACMs at the Premises and to provide a training program for its employees that conforms with 8 CCR § 5208(j)(7)(C). Tenant agrees that its waiver of Claims set forth in Section 22 below (Indemnity and Exculpation) is given with full knowledge of the presence, or possibility, of asbestos in or about the Premises and/or the Facility and the potential consequences of such fact. Tenant is aware that the presence, or possibility, of asbestos in or about the Premises may limit Tenant's ability to construct Alterations to the Premises without Tenant first performing abatement of such asbestos. The presence of asbestos in the Premises and/or the Facility and the removal or non- removal by Port of all or a portion of the asbestos in the Facility, whether in the Premises or elsewhere in the Facility, shall not, however, (i) entitle Tenant to any Claim, (ii) relieve Tenant of any of its obligations hereunder, including without limitation the obligation to pay Rent,

Notification of Asbestos. Port hereby notifies TenantLicensee, in accordance with the OSHA Asbestos Rule (1995), 59 Fed. Reg. 40964, 29 CFR §§ 1910.1001, 1926.1101 (as amended, clarified and corrected) (OSHA Asbestos Rule); California Health and Safety Code §§ 25915-259.7 and Cal-the Cal OSHA General Industry Safety Order for Asbestos, 8 CCR § 5208, of the presence of asbestos-containing materials ("ACMs") and/or presumed asbestos-containing materials ("PACMs") (as such terms are defined in the Cal-OSHA General Industry Safety Order for Asbestos), in the buildings or locations identified in the reports included summary/table, if any, set forth in Exhibit F, copies of which have been delivered to or made available to TenantSchedule 1 attached hereto. This notification by Port is made pursuant to a building inspection survey(s), if any, performed by Port or its contractors qualified to perform an asbestos building surveysurvey identified in the summary/table, if any, set forth in Schedule 1 attached hereto. Such survey(s), monitoring data and other information are kept at Port of Xxx XxxxxxxxxSan Francisco, Xxxx 0Pier 1, Xxx XxxxxxxxxSan Francisco, XxxxxxxxxxCalifornia, 00000 94111 and are available for inspection upon request. Tenant Licensee hereby acknowledges receipt of the notification specified in the first paragraph of this Section and the notice or report attached as Schedule 1 hereto and understands, after having consulted its legal counselcounsel (or having had the opportunity but declining to do so), that it must make its employees and contractors Agents aware of the presence of ACMs and/or PACMs in or about the Premises License Area in order to avoid or minimize any damage to or disturbance of such ACMs and/or PACMs. Tenant Licensee further acknowledges its obligations under Cal-OSHA General Industry Safety Order for Asbestos to provide information to its employees and contractors Agents regarding the presence of ACMs and PACMs at the Premises License Area and to provide a training program for its employees that conforms with 8 CCR § 5208(j)(7)(C). Tenant Licensee agrees that its waiver of Claims set forth in Section 22 below 14.1 (Indemnity and Exculpation) is given with full knowledge of the presence, or possibility, of asbestos in or about the Premises and/or the Facility License Area and the potential consequences of such fact. Tenant Licensee is aware that the presence, or possibility, of asbestos in or about the Premises License Area may limit TenantLicensee's ability to construct Alterations to use the Premises License Area without Tenant Licensee first performing abatement of such asbestos. The presence of asbestos in the Premises and/or the Facility License Area and the removal or non- non-removal by Port of all or a portion of the asbestos in the Facilityasbestos, whether in the Premises License Area or elsewhere in the Facilityelsewhere, shall not, however, (i) entitle Tenant Licensee to any Claim, (ii) relieve Tenant Licensee of any of its obligations hereunder, including without limitation the obligation to pay Rent,License Fees, or (iii) constitute or be construed as a breach of Licensee's rights under this License. Notwithstanding any other provisions of this License, Licensee agrees to Indemnify Port for Licensee's acts or omissions that result in (1) asbestos-related enforcement actions, including both administrative or judicial proceedings, and (2) any Claims arising from an alleged violation of Cal-OSHA General Industry Safety Order for Asbestos and/or exposures to asbestos.

Notification of Asbestos. Port hereby notifies TenantLicensee, in accordance with the OSHA Asbestos Rule (1995), 59 Fed. Reg. 40964, 29 CFR §§ 1910.1001, 1926.1101 (as amended, clarified and corrected) (OSHA Asbestos Rule); California Health and Safety Code §§ 25915-259.7 and Cal-the Cal OSHA General Industry Safety Order for Asbestos, 8 CCR § 5208, of the presence of asbestos-containing materials ("ACMs") and/or presumed asbestos-containing materials ("PACMs") (as such terms are defined in the Cal-OSHA General Industry Safety Order for Asbestos), in the buildings or locations identified in the reports included summary/table, if any, set forth in Exhibit F, copies of which have been delivered to or made available to TenantSchedule 1 attached hereto. This notification by Port is made pursuant to a building inspection survey(s), if any, performed by Port or its contractors qualified to perform an asbestos building surveysurvey identified in the summary/table, if any, set forth in Schedule 1 attached hereto. Such survey(s), monitoring data and other information are kept at Port of Xxx Xxxxxxxxx, Xxxx 0, Xxx Xxxxxxxxx, Xxxxxxxxxx, 00000 and are available for inspection upon request. Tenant Licensee hereby acknowledges receipt of the notification specified in the first paragraph of this Section and the notice or report attached as Schedule 1 hereto and understands, after having consulted its legal counselcounsel (or having had the opportunity but declining to do so), that it must make its employees and contractors Agents aware of the presence of ACMs and/or PACMs in or about the Premises License Area in order to avoid or minimize any damage to or disturbance of such ACMs and/or PACMs. Tenant Licensee further acknowledges its obligations under Cal-OSHA General Industry Safety Order for Asbestos to provide information to its employees and contractors Agents regarding the presence of ACMs and PACMs at the Premises License Area and to provide a training program for its employees that conforms with 8 CCR § 5208(j)(7)(C). Tenant Licensee agrees that its waiver of Claims set forth in Section 22 below 14.1 (Indemnity and Exculpation) is given with full knowledge of the presence, or possibility, of asbestos in or about the Premises and/or the Facility License Area and the potential consequences of such fact. Tenant Licensee is aware that the presence, or possibility, of asbestos in or about the Premises License Area may limit TenantLicensee's ability to construct Alterations to use the Premises License Area without Tenant Licensee first performing abatement of such asbestos. The presence of asbestos in the Premises and/or the Facility License Area and the removal or non- non-removal by Port of all or a portion of the asbestos in the Facilityasbestos, whether in the Premises License Area or elsewhere in the Facilityelsewhere, shall not, however, (i) entitle Tenant Licensee to any Claim, (ii) relieve Tenant Licensee of any of its obligations hereunder, including without limitation the obligation to pay Rent,License Fees, or (iii) constitute or be construed as a breach of Licensee's rights under this License. Notwithstanding any other provisions of this License, Licensee agrees to Indemnify Port for Licensee's acts or omissions that result in (1) asbestos-related enforcement actions, including both administrative or judicial proceedings, and (2) any Claims arising from an alleged violation of Cal-OSHA General Industry Safety Order for Asbestos and/or exposures to asbestos.

Notification of Asbestos. Port hereby notifies Tenant, in accordance with the OSHA Asbestos Rule (1995), 59 Fed. Reg. 40964, 29 CFR §§ 1910.1001, 1926.1101 (as amended, clarified and corrected) (OSHA Asbestos Rule); California Health and Safety Code §§ 25915-259.7 and Cal-OSHA General Industry Safety Order for Asbestos, 8 CCR § 5208, of the presence of asbestos-containing materials ("ACMs") and/or presumed asbestos-containing materials ("PACMs") (as such terms are defined in Cal-OSHA General Industry Safety Order for Asbestos), in the buildings or locations identified in the reports included summary/table, if any, set forth in Exhibit F, copies of which have been delivered to or made available to TenantSchedule 1 attached hereto. This notification by Port is made pursuant to a building inspection survey(s), if any, performed by Port or its contractors qualified to perform an asbestos building surveysurvey identified in the summary/table, if any, set forth in Schedule 1 attached hereto. Such survey(s), monitoring data and other information are kept at Port of Xxx Xxxxxxxxx, Xxxx 0, Xxx Xxxxxxxxx, Xxxxxxxxxx, 00000 and are available for inspection upon request. Tenant hereby acknowledges receipt of the notification specified in the first paragraph of Section 15.6hereof and the notice or report attached as Schedule 1 hereto and understands, after having consulted its legal counsel, that it must make its employees and contractors aware of the presence of ACMs and/or PACMs in or about the Premises in order to avoid or minimize any damage to or disturbance of such ACMs and/or PACMs. Tenant further acknowledges its obligations under Cal-OSHA General Industry Safety Order for Asbestos to provide information to its employees and contractors regarding the presence of ACMs and PACMs at the Premises and to provide a training program for its employees that conforms with 8 CCR § 5208(j)(7)(C). Tenant agrees that its waiver of Claims set forth in Section 22 19 below (Indemnity and Exculpation) is given with full knowledge of the presence, or possibility, of asbestos in or about the Premises and/or the Facility and the potential consequences of such fact. Tenant is aware that the presence, or possibility, of asbestos in or about the Premises may limit Tenant's ability to construct Alterations to the Premises without Tenant first performing abatement of such asbestos. The presence of asbestos in the Premises and/or the Facility and the removal or non- removal by Port of all or a portion of the asbestos in the Facility, whether in the Premises or elsewhere in the Facility, shall not, however, (i) entitle Tenant to any Claim, (ii) relieve Tenant of any of its obligations hereunder, including without limitation the obligation to pay Rent,, (iii) constitute or be construed as a constructive or other eviction of Tenant, or (iv) constitute or be construed as a breach of Port's covenant assuring Tenant's quiet enjoyment of the Premises. Notwithstanding any other provisions of this Lease, Tenant agrees to Indemnify Port for Tenant's acts or omissions that result in (1) asbestos-related enforcement actions, including both administrative or judicial proceedings, and (2) any Claims arising from an alleged violation of Cal-OSHA General Industry Safety Order for Asbestos and/or exposures to asbestos.

Notification of Asbestos. Port hereby notifies Tenant, in accordance with the OSHA United States Occupational Safety and Health Administration (OSHA) Asbestos Rule (1995), 59 Fed. Reg. 40964, 29 CFR §§ 1910.1001, 1926.1101 (as amended1926.1101, clarified and corrected) clarification 60 Fed. Reg. 33974 (OSHA Asbestos Rule); Chapter 10.4 of Division 20 of the California Health and Safety Code §§ 25915-259.7 and the California Occupational Safety and Health Administration (Cal-OSHA OSHA) General Industry Safety Order for Asbestos, 8 CCR § 5208, of the presence of asbestos-containing materials ("ACMs") and/or presumed asbestos-containing materials ("PACMs") (as such terms are defined in Cal-the Cal- OSHA General Industry Safety Order for AsbestosAsbestos – 8 CCR § 5208(b)), in the buildings or locations identified in the reports included summary/table, if any, set forth in Exhibit F, copies of which have been delivered to or made available to TenantSchedule 1 attached hereto. This notification by Port is made pursuant to a building inspection survey(s), if any, performed by the Port or its contractors qualified to perform an asbestos building surveysurvey identified in the summary/table, if any, set forth in Schedule 1 attached hereto. Such survey(s), monitoring data and other information are kept at Port of Xxx Xxxxxxxxx, Xxxx 0, Xxx Xxxxxxxxx, Xxxxxxxxxx, 00000 and are available for inspection upon request. Tenant hereby acknowledges receipt of the notification specified in the first paragraph of Section 15.5 hereof and the "Notice To Employees, Owners, Lessees, Sublessees, Agents And Contractors" set forth in Schedule 1 attached hereto and understands, after having consulted its legal counsel, that it must make its employees agents, employees, and contractors aware of the presence of ACMs and/or PACMs in or about the Premises in order to avoid or minimize any damage to or disturbance of such ACMs and/or PACMs. Tenant further acknowledges its obligations under the Cal-OSHA General Industry Safety Order for Asbestos to provide information to its employees and contractors regarding the presence of ACMs and PACMs at the Premises and to provide a training program for its employees that conforms with 8 CCR § 5208(j)(7)(C). Tenant agrees that its waiver of Claims set forth in Section 22 19 below (Indemnity and Exculpation) is given with full knowledge of the presence, or possibility, of asbestos in or about the Premises and/or the Facility and the potential consequences of such fact. Tenant is aware that the presence, or possibility, of asbestos in or about the Premises may limit Tenant's ability to construct Alterations to the Premises without Tenant first performing abatement of such asbestos. The presence of asbestos in the Premises and/or the Facility and the removal or non- removal by Port of all or a portion of the asbestos in the Facility, whether in the Premises or elsewhere in the Facility, shall not, however, (i) entitle Tenant to any Claim, (ii) relieve Tenant of any of its obligations hereunder, including without limitation the obligation to pay Rentclaim for damages,

Notification of Asbestos. Port hereby notifies Tenant, in accordance with the OSHA United States Occupational Safety and Health Administration ("OSHA") Asbestos Rule (1995), 59 Fed. Reg. 40964, 29 CFR §§ 1910.1001, 1926.1101 (as amended, clarified and corrected) (OSHA Asbestos Rule); California Health and Safety Code §§ 25915-259.7 and Cal-OSHA the Division of Occupational Safety and Health of the California Department of Industrial Relations ("Cal- OSHA") General Industry Safety Order for Asbestos, 8 CCR § 5208, of the presence of asbestos-asbestos- containing materials ("ACMs") and/or presumed asbestos-containing materials ("PACMs") (as such terms are defined in Cal-OSHA General Industry Safety Order for Asbestos), in the buildings or locations identified in the reports included summary/table, if any, set forth in Exhibit F, copies of which have been delivered to or made available to TenantSchedule 1 attached hereto. This notification by Port is made pursuant to a building inspection survey(s), if any, performed by Port or its contractors qualified to perform an asbestos building surveysurvey identified in the summary/table, if any, set forth in Schedule 1 attached hereto. Such survey(s), monitoring data and other information are kept at Port of Xxx Xxxxxxxxx, Xxxx 0, Xxx Xxxxxxxxx, Xxxxxxxxxx, 00000 and are available for inspection upon request. Tenant hereby acknowledges receipt of the notification specified in the first paragraph of Section 15.6 hereof and the notice or report attached as Schedule 1 hereto and understands, after having consulted its legal counsel, that it must make its employees and contractors aware of the presence of ACMs and/or PACMs in or about the Premises in order to avoid or minimize any damage to or disturbance of such ACMs and/or PACMs. Tenant further acknowledges its obligations under Cal-OSHA General Industry Safety Order for Asbestos to provide information to its employees and contractors regarding the presence of ACMs and PACMs at the Premises and to provide a training program for its employees that conforms with 8 CCR § 5208(j)(7)(C). Tenant agrees that its waiver of Claims set forth in Section 22 19 below (Indemnity and Exculpation) is given with full knowledge of the presence, or possibility, of asbestos in or about the Premises and/or the Facility and the potential consequences of such fact. Tenant is aware that the presence, or possibility, of asbestos in or about the Premises may limit Tenant's ability to construct Alterations to the Premises without Tenant first performing abatement of such asbestos. The presence of asbestos in the Premises and/or the Facility and the removal or non- removal by Port of all or a portion of the asbestos in the Facility, whether in the Premises or elsewhere in the Facility, shall not, however, (i) entitle Tenant to any Claim, (ii) relieve Tenant of any of its obligations hereunder, including without limitation the obligation to pay Rent,

Notification of Asbestos. Port hereby notifies TenantHSH, in accordance with the OSHA Asbestos Rule (1995), 59 Fed. Reg. 40964, 29 CFR §§ 1910.1001, 1926.1101 (as amended, clarified and corrected) (OSHA Asbestos Rule); California Health and Safety Code §§ 25915-§25915- 259.7 and Cal-OSHA General Industry Safety Order for Asbestos, 8 CCR § 5208, of the presence of asbestos-containing materials ("ACMs") ACMs and/or presumed asbestos-containing materials ("PACMs") (as such terms are defined in Cal-OSHA General Industry Safety Order for Asbestos), in the buildings or locations identified in the reports included summary/table, if any, set forth in Exhibit F, copies of which have been delivered to or made available to TenantSchedule 1 attached hereto. This notification by Port is made pursuant to a building inspection survey(s), if any, performed by Port or its contractors qualified to perform an asbestos building surveysurvey identified in the summary/table, if any, set forth in Schedule 1 attached hereto. Such survey(s), monitoring data and other information are kept at Port of Xxx Xxxxxxxxx, Xxxx 0, Xxx Xxxxxxxxx, Xxxxxxxxxx, 00000 and are available for inspection upon request. Tenant HSH hereby acknowledges receipt of the notification specified in the first paragraph of Section 17.6 hereof and the notice or report attached as Schedule 1 hereto and understands, after having consulted its legal counsel, that it must make its employees and contractors aware of the presence of ACMs and/or PACMs in or about the Premises in order to avoid or minimize any damage to or disturbance of such ACMs and/or PACMs. Tenant HSH further acknowledges its obligations under Cal-OSHA General Industry Safety Order for Asbestos to provide information to its employees and contractors regarding the presence of ACMs and PACMs at the Premises and to provide a training program for its employees that conforms with 8 CCR § 5208(j)(7)(C). Tenant agrees that its waiver of Claims set forth in Section 22 below (Indemnity and Exculpation) is given with full knowledge of the presence, or possibility, of asbestos in or about the Premises and/or the Facility and the potential consequences of such fact. Tenant HSH is aware that the presence, or possibility, of asbestos in or about the Premises may limit TenantHSH's ability to construct Alterations to the Premises without Tenant HSH first performing abatement of such asbestos. The presence of asbestos in the Premises and/or the Facility and the removal or non- removal by Port of all or a portion of the asbestos in the Facility, whether in the Premises or elsewhere in the FacilityPremises, shall not, however, (i) entitle Tenant HSH to any Claim, (ii) relieve Tenant HSH of any of its obligations hereunder, including without limitation the obligation to pay Rent,, (iii) constitute or be construed as a constructive or other eviction of HSH, or (iv) constitute or be construed as a breach of Port's covenant assuring HSH's quiet enjoyment of the Premises. Notwithstanding any other provisions of this MOU, HSH agrees to Indemnify Port for HSH's acts or omissions that result in (1) asbestos-related enforcement actions, including both administrative or judicial proceedings, and (2) any Claims arising from an alleged violation of Cal-OSHA General Industry Safety Order for Asbestos and/or exposures to asbestos.