Use of Asbestos and PCB's Sample Clauses

Use of Asbestos and PCB's. Landlord represents and warrants to, and covenants with Tenant as follows: (1) If the Building is being constructed or if any modifications or renovations are to be done now or at any time during the Lease Term, Landlord or Landlord's contractors shall not use asbestos containing material for fireproofing or other purposes in such construction. (2) If the results of the ESA or Asbestos Survey, or the actual knowledge of Landlord, or its contractors, employees or Tenant, confirm that asbestos containing material is present in the Premises, Landlord agrees to remove all such asbestos containing material and any debris from the Premises, at Landlord's sole cost and expense prior to the Lease Commencement Date. Such removal shall be completed in accordance with all applicable federal, state and local laws and regulations concerning the removal of asbestos, and completed in accordance with methods approved by the Environmental Protection Agency ("EPA") and the Occupational Safety and Health Administration ("OSHA"), and performed by licensed industrial hygienists. Landlord will prosecute the work diligently to completion. After the removal procedure, Landlord will 27 monitor the air quality of the Premises by performing post abatement air clearance tests. Such tests shall be performed in accordance with procedures which meet the more stringent of the Asbestos Hazard Emergency Response Act ("AHERA") or state or local guidelines. If the results of such tests show an asbestos fiber count exceeding .01 fibers/cc (TEN) ("Acceptable Air Quality"), the Lease Commencement Date shall be delayed and Tenant will not occupy the Premises or commence the payment of Rent, until the situation has been remediated and the results of air sample testing verify an Acceptable Air Quality. Landlord will use due diligence to achieve such results. In no event shall remediation occur later than thirty (30) days following the Lease Commencement Date. (3) If the results of any ESA or the Asbestos Survey, or the actual knowledge of Landlord, or its contractors, employees or Tenant confirm that asbestos containing material is present in other areas of the Building or the Common Area Facilities, such areas shall be identified in the Operations and Maintenance Program attached hereto as Exhibit N. If the --------- results of any ESA's, an Asbestos Survey, or the actual knowledge of Landlord or its contractors, employees or Tenant, confirms that any such asbestos or asbestos containing material...
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Related to Use of Asbestos and PCB's

  • Use of Attachment Facilities by Third Parties Purpose of Attachment Facilities.‌‌ Except as may be required by Applicable Laws and Regulations, or as otherwise agreed to among the Parties, the Attachment Facilities shall be constructed for the sole purpose of interconnecting the Large Generating Facility to the New York State Transmission System and shall be used for no other purpose.

  • Use of Logos The Company hereby consents to the use of its and its Subsidiaries’ logos in connection with the Debt Financing so long as such logos (i) are used solely in a manner that is not intended to or likely to harm or disparage the Company Group or the reputation or goodwill of the Company Group; (ii) are used solely in connection with a description of the Company, its business and products or the Merger; and (iii) are used in a manner consistent with the other terms and conditions that the Company reasonably imposes.

  • Use of FIIOC’s and FSC's Name The Trust shall not use the name of FIIOC and FSC in any Prospectus, sales literature or other material relating to the Trust or any Fund of the Trust in a manner not consented to by FIIOC and FSC prior to use; provided, however, that FIIOC and FSC shall approve all uses of its name which merely refer in accurate terms to its appointments, duties or fees hereunder or which are required by the Securities and Exchange Commission ("SEC" or “Commission”) or a state securities commission; and further, provided that in no event shall such approval be unreasonably withheld.

  • Use of Software Any software that is available on the Services ("Software") is the copyrighted work of Red Hat and/or its licensors. Copying or reproducing the Software to any other server or location for further reproduction or redistribution is strictly prohibited, unless such reproduction or redistribution is permitted by a license agreement accompanying such Software. You may not create derivative works of the Software, or attempt to decompile or reverse-engineer the Software unless otherwise permitted by law. Use of the Software is subject to the license terms of any license agreement that may accompany or is provided with the Software. You may not download any Software until you have read and accepted the terms of the accompanying software license. WITHOUT LIMITING THE FOREGOING, THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE SEPARATE LICENSE AGREEMENT ACCOMPANYING THE SOFTWARE. EXCEPT AS WARRANTED IN SUCH LICENSE AGREEMENT, RED HAT, ITS PARENT, SUBSIDIARY, AND AFFILIATE COMPANIES, AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  • Use of Cookies 5.1 We use cookies to ensure that our website works effectively and to support your trading activities. Cookies are small text files sent from our web server to your computer. Our cookies do not contain any personal data, account numbers, or passwords. 5.2 We may enlist outside organizations to help us manage the website and collect and analyze statistical data. These outside organizations may install and use their own cookies on our behalf.

  • Use of Words and Phrases Herein," "hereby," "hereunder," "hereof," "hereinbefore," "hereinafter" and other equivalent words refer to the Pooling and Servicing Agreement as a whole. All references herein to Articles, Sections or Subsections shall mean the corresponding Articles, Sections and Subsections in the Pooling and Servicing Agreement. The definitions set forth herein include both the singular and the plural.

  • Use of Contractors (a) If the employer wishes to engage contractors and their employees to perform work in the classifications covered by this agreement, the employer must first consult in good faith with the union. Consultation will occur prior to the engagement of sub-contractors. (b) If the employer decides to engage subcontractors, the employer shall ensure that these contractors and their employees receive wages, allowances and conditions equal to or better than those contained in this agreement. (c) The use of sham sub contracting arrangements is a breach of this agreement. The contractor who engages subcontractors is responsible for ensuring the employees of sub- contractors receive wages, allowances and conditions equal to or better those contained in this agreement, this obligation extends to liability for all outstanding wages conditions and entitlements under this agreement.

  • Use of Assets Use, manage, operate, maintain and repair all of their assets and properties in a normal business manner.

  • Use of the Software licensed hereunder may require third party software or hardware (including but limited to databases, operating systems and servers). Unless specifically licensed in the Master Agreement, this Agreement does not contain a license to use such additional materials.

  • Use of Materials There should be no limitations or restrictions by Union upon a Contractor's choice of materials or design, nor, regardless of source or location, upon the full use and utilization, of equipment, machinery, packaging, precast, prefabricated, prefinished, or preassembled materials, tools or other labor saving devices, subject to the application of the California Public Contract and Labor Codes. Generally, the onsite installation or application of such items shall be performed by the craft having jurisdiction over such work.

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