Common use of Remediation of Mold Clause in Contracts

Remediation of Mold. In the event the inspection required by Subarticle 8Bb. determines that mold or Mold Conditions are present at the Premises, then, except as provided in Article 8Bf. below, Lessee, at its sole cost and expense, shall promptly: (i) hire trained and experienced mold remediation contractors to prepare a remediation plan and to remediate the mold or Mold Conditions at the Premises; (ii) send Lessor notice, in writing, with a copy of the remediation plan, at least three (3) business days prior to the mold remediation, stating (1) the date on which the mold remediation shall start, (2) which portion of the Premises shall be subject to the remediation, (3) the name, address and telephone number of the certified mold remediation contractors performing the remediation, (4) the remediation procedures and standards to be used at the Premises, (5) the clearance criteria to be employed at the conclusion of the remediation and (6) the date the remediation will conclude; (iii)notify, in accordance with any applicable state or local health or safety requirements, its employees as well as occupants and visitors of the Premises of the nature, location and schedule for the planned remediation; (iv) ensure that the mold remediation is conducted in accordance with the relevant provisions of the document Mold Remediation in Schools and Commercial Buildings (EPA 402-K-01-001, March 2001) (“EPA Guidelines”), published by the U.S. Environmental Protection Agency, as the same may be amended or revised from time to time, or any other applicable, legally binding federal, state or local laws, regulatory standards or guidelines; and (v) provide Lessor with a draft of the mold remediation report and give Lessor a reasonable opportunity to review and comment thereon, and when such report is finalized, promptly provide Lessor with a copy of the final remediation report.

Remediation of Mold. In the event the inspection required by Subarticle 8Bb. Paragraph b hereof determines that toxic or other hazardous mold or Mold Conditions are is present at the Premises, then, except as provided in Article 8Bf. below, Lessee, then Tenant at its sole cost and expense, expense shall promptly: (i) hire Hire a trained and experienced mold remediation contractors contractor to prepare a remediation plan and to remediate the toxic or hazardous mold or Mold Conditions at the Premises; (iiPremises;(ii) send Lessor Send the Landlord notice, in writing, with a copy of the remediation plan, plan at least three (35) business days prior to the mold remediation, stating (stating: 1) the . The date on which the mold remediation shall will start, (; 2) which . Which portion of the Premises shall be subject to the remediation, (; 3) the . The name, address address, and telephone number of the certified mold remediation contractors contractor performing the remediation, (; 4) the . The remediation procedures and standards to be used at the Premises, (; 5) the . The clearance criteria to be employed at the conclusion of the remediation remediation; and (6) the . The date the remediation will conclude; (iii)notifyiii. Notify, in accordance with as is required by any applicable state or local health or safety requirementsLaws, its employees as well as occupants and visitors of the Premises of the nature, location location, and schedule for of the planned mold remediation; (iv) ensure that require the mold remediation is conducted contractor to conduct the remediation in accordance with the relevant provisions of the document Mold Remediation in Schools and Commercial Buildings (EPA 402-K-01-001, March 2001) (“EPA Guidelines”), published by the U.S. Environmental Protection Agency, as the same may be amended or revised from time to time, or any other applicable, legally binding federal, state state, or local laws, regulatory standards or guidelines; and (v) provide Lessor Provide Landlord with a draft of the mold remediation report and give Lessor Landlord a reasonable opportunity to review and comment thereon, and when such report is finalized, promptly provide Lessor Landlord with a copy of the final remediation report.

Remediation of Mold. In Iii the event the inspection required by Subarticle 8Bb. Paragraph (b) hereof determines that mold or Mold Conditions are present at the PremisesPremises and provided mold or Mold Conditions were not caused by the gross negligence or willful misconduct involving all act or failure to act by Landlord or its agents or contractors, then, except as provided in Article 8Bf. below, Lesseethen Tenant, at its sole cost and expense, shall promptly: (iA) hire Hire trained and experienced mold remediation contractors to prepare a remediation plan and to remediate the mold or Mold Conditions at the Premises; (iiB) send Lessor Send Landlord notice, in writing, with a copy of the remediation plan, at least three five (35) business days prior to the mold remediation, stating stating: (1) the The date on which the mold remediation shall start, ; (2) which Which portion of the Premises shall be subject to the remediation, ; (3) the The name, address address, and telephone number of the certified mold remediation contractors performing the remediation, ; (4) the The remediation procedures and standards to be used at the Premises, ; (5) the The clearance criteria to be employed at the conclusion of the remediation retuediation; and (6) the The date the remediation will conclude; (iii)notifyC) Notify, in accordance with any applicable federal, state or local health or safety requirements, its employees as well as occupants and visitors of the Premises of the nature, location location, and schedule for the planned mold remediation; (ivD) ensure Ensure that the mold remediation is conducted in accordance with the relevant provisions of the document Mold Remediation in Schools and Commercial Buildings (EPA 402-K-01K-O1-001, March 2001) (“EPA Guidelines”), published by the U.S. Environmental Protection Agency, as the same may be amended or revised from time to time, or any other applicable, legally binding federal, state state, or local laws, regulatory standards or guidelines; and (v) provide Lessor 1:) Provide Landlord with a draft of the mold molts remediation report and give Lessor Landlord a reasonable opportunity to review and comment thereon, and when such report is finalized, promptly provide Lessor Landlord with a copy of the final remediation report.

Remediation of Mold. In the event the inspection required by Subarticle 8Bb. Section 18.2 determines that mold or Mold Conditions are present at the Leased Premises, and (A) the source of the Mold Conditions (i.e. the source of the moisture causing the Mold Conditions) is not from the exterior of the Leased Premises or (B) the Mold Conditions have increased or come into existence due to Tenant’s failure to properly monitor the Leased Premises in accordance with Section 18.1, then, except as provided in Article 8Bf. below, Lessee (a) Tenant, at its sole cost and expense, shall promptly: ; (i) hire Hire trained and experienced mold remediation contractors to prepare a remediation plan and to remediate the mold or Mold Conditions at the Leased Premises; ; (ii) send Lessor Send Landlord notice, in writing, with a copy of the remediation plan, at least three (3) business five days prior to the mold remediation, stating stating: (1A) the The date on which the mold remediation shall start, ; (2B) which Which portion of the Leased Premises shall be subject to the remediation, ; (3C) the The name, address address, and telephone number of the certified mold remediation contractors performing the remediation, ; (4D) the The remediation procedures and standards to be used at the Leased Premises, ; (5E) the The clearance criteria to be employed at the conclusion of the remediation and remediation; and (6F) the The date the remediation will conclude; ; (iii)notifyiii) Notify, in accordance with any applicable state or local health or safety requirements, its employees as well as occupants and visitors of the Leased Premises of the nature, location location, and schedule for the planned mold remediation; ; (iv) ensure Ensure that the mold remediation is conducted in accordance with the relevant provisions of the document Mold Remediation in Schools and Commercial Buildings (EPA 402-K-01-001, March 2001) (“EPA Guidelines”), published by the U.S. Environmental Protection Agency, as the same may be amended or revised from time to time, or any other applicable, legally binding federal, state state, or local laws, regulatory standards or guidelines; and and (v) provide Lessor Provide Landlord with a draft of the mold remediation report and give Lessor Landlord a reasonable opportunity to review and comment thereon, and when such report is finalized, promptly provide Lessor Landlord with a copy of the final remediation report. In the event (A) the inspection required by Section 18.2 determines that mold or Mold Conditions are present at the Leased Premises, (B) the source of the Mold Conditions (i.e. the source of the moisture causing the Mold Conditions) is from the exterior of the Leased Premises, and (C) the Mold Conditions have not increased nor come into existence due to Tenant’s failure to properly monitor the Leased Premises in accordance with Section 18.1, then Landlord shall perform the obligations of Tenant set forth in subsection (a) above, at Landlord's sole cost and expense.