Xxxxxx and Xxxx X. Xxxxxxxx The ideal asbestos abatement contractor agreement is one that fairly and adequately apportions the risks associated with an abatement project among the various parties involved with the work. For one reason or another, this result is seldom reached. Building owners and their consultants are persistent in their attempts to shift unlimited responsibility to the asbestos abatement contractor. It is unlikely that this will change in the near future. Therefore, asbestos abatement contractors must recognize the particularly onerous contract language which poses the greatest threat to their continued success. This article highlights some of those unmanageable contract provisions and suggests language which may protect the contractor against other risks which should more appropriately be borne by a different party. The Scope of Work It is essential that all construction contracts have a well-defined scope of work. This rule is especially true with regard to asbestos abatement contracts. A good scope of work clause for an asbestos abatement project will do two things. First, it will locate, describe, and quantify all asbestos-containing material (ACM) in the building or facility. And, second, it will identify the response action required to be taken with respect to each item of ACM so designated. If the owner’s consultant has prepared a report that contains the necessary information, this report should be incorporated by reference into the contractor’s agreement and attached as a rider. If the consultant’s report does not contain all the necessary information, for example, the appropriate response action with respect to a particular item of ACM, the report should still be incorporated into the agreement by reference, but the missing information must be furnished elsewhere in the contract documents. Under no circumstances should a contractor agree to remove all asbestos within a given structure. It should be the responsibility of the owner to discover the presence of asbestos and to determine the corresponding response action. If the owner is unwilling to provide the information necessary for the contractor to accurately price the work, the contractor should think very seriously about not taking the job. It is a good idea to list those items of work that are specifically excluded from the contractor’s scope of work. This added language could go a long way in avoiding potential disputes. For example, if the contractor will not have responsibility for disconn...
Xxxxxx and Xxxx X. Xxxxxx DDS, A Professional Dental Corporation, Case No. C-05-03418-MMC, in the U.S. District Court for the Northern District of California (the “Xxxxxx Action” (the Fed I Action, the Fed II Action, the Fed III Action, the State Action, and the Xxxxxx Action, collectively, the “Civil Actions”));
Xxxxxx and Xxxx X. Xxxxxxx shall be designated as the persons authorized to receive notices and communications on behalf of the Liberty Reporting Persons with respect to the Schedule 13D and any amendments thereto.
Xxxxxx and Xxxx X. Xxxxxxxxxx ----------------------------- Dated as of June 19, 1998 TABLE OF CONTENTS
Xxxxxx and Xxxx X. Xxxxxxxxx.
Xxxxxx and Xxxx X. Xxxxxx dated and recorded October 7, 1998, in the Greenville County ROD Office in Deed Book 1791 at Page 964. TMS: P/O 0574.02-01-010.06 PARCEL 2: ALL of that certain piece, parcel or lot of land, situate, lying and being in the County of Greenville, State of South Carolina, and according to a Plat prepared of said property by C. O. Xxxxxx, R. L. S., November, 1972, and recorded in the R.M.C. Office for Greenville County, South Carolina, in Plat Book 4Y, at Page 20, having the following courses and distances, to-wit: BEGINNING at an iron pin in or near the center of Xxxxx Xxxxx Road, front corner of lot property of the Grantors and Rice and running thence with said road, S. 0-00 X. 000 feet to an iron pin in said road; thence, N. 69-56 W. 710.2 feet to an iron pin; thence, N. 9-21 E. 301.6 feet to an iron pin; thence, S. 65- 53 E. 706.8 feet to an iron pin in or near the center of Xxxxx Xxxxx Road, the point of beginning. This being apportion of the property conveyed to the Grantors herein by deed recorded in the R.M.C. Office for Greenville County, South Carolina, in Deed Book 368, at Page 488. (See also Deed Book 871, at Page 158) TMS: P/O 0574.02-01-010.03 EXHIBIT B INVESTMENT CERTIFICATION I , the of Project Stella (the “Company”), do hereby certify in connection with Section 4.03 of the Fee in Lieu of Tax Agreement dated as of , 2021 between Greenville County, South Carolina and the Company (the “Agreement”), as follows:
Xxxxxx and Xxxx X. Xxxxx v. Togo, UN Doc. CCPR/C/51/D/422/1990, 423/1990 and 424/1990 Human Rights Committee, Tae Xxxx Xxxx v Republic of Korea, UN Doc. CCPR/C/64/D/628/1995 Human Rights Committee, Xxxxxx Xxxxxxx xx Xxxxxx v. Angola, UN Doc. CCPR/C/83/D/1128/2002 Human Rights Committee, Xxxxxx Xxxxxxxx v Serbia and Montenegro, UN Doc. CCPR/C/85/D/1180/2003 United Nations documentation United Nations Commission on Human Rights, UN Doc. E/CN.4/1999/L.40 United Nations Commission on Human Rights, UN Doc. E/CN.4/1999/SR.61 United Nations Commission on Human Rights, UN Doc. E/CN.4/1999/L.90 United Nations Commission on Human Rights, UN Doc. E/CN.4/RES/1999/82 Commission on Human Rights, Report on the 55th Session (22 March – 30 April 1999) Human Rights Council, UN Doc. A/HRC/19/L.7 General Assembly, UN Doc. A/RES/68/169 ‘Freedom of expression and incitement to racial or religious hatred’, OHCHR side event during the Durban Review Conference, Geneva, 22 April 2009, Joint statement by Xx. Xxxxx Xxxxxx, Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance; Ms. Xxxx Xxxxxxxx, Special Rapporteur on freedom of religion or belief; and Xx. Xxxxx Xx Rue, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression Human Rights Committee, General comment No. 34, UN Doc. CCPR/C/GC/34, 2012 Report of the Special Rapporteur on freedom of religion or belief, Xxxxxx Xxxxxxxxxx, 2013, UN Doc. A/HRC/25/58 Interim report of the Special Rapporteur on freedom of religion or belief, UN. Doc. A/72/365, 2017 Human Rights Council, Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, 6 April 2018, A/HRC/38/35 X. Xxxx, ‘Letter of 14 October 2016’ Human Rights Committee, UN Doc. CCPR/C/SR.3350 Human Rights Committee, ‘Concluding observations on the second periodic report of Thailand’, 25 April 2017, UN Doc. CCPR/C/THA/CO/2 Newspapers English ‘Anger Over a Film Fuels Anti-American Attacks in Libya and Egypt’, The New York Times, 12 September 2012 ‘Director in hiding but unapologetic about his film’, The Times, 13 September 2012 ‘In Libya, Chaos Was Followed by Organized Ambush, Official Says’, The New York Times, 14 September 2012 ‘Key facts after fallout from film mocking Islam’s prophet Xxxxxxxx’, Associated Press, 14 September 2012 ‘More protests erupt in Muslim world’, The Washington Post, 14 September 2012 ‘Protests at ‘insulting’ film spread ac...
Xxxxxx and Xxxx X. Xxxxxx, The Enforce- ability of a Pre-Petition Waiver of the Automatic Stay: Beware the Terms of a Forbearance Agreement, 27-3 Am. Bankr. Inst. J 24 (Apr. 2008); Xxxxx X. Xxxxxx, Financing: Forbearance Agreement Bars Counterclaim by Borrower, 26 Real Est. L. Rep. 7 (1996)
Xxxxxx and Xxxx X. Xxxxxx x. Xxxxx Fargo and Company, Wachovia Mortgage Corporation, World Savings, Inc., Xxxx Xxxxxx, and Xxxx X. Xxxx, N.D. Cal., Case No. 5:10-cv-02406-JF (“Xxxxxx”); and
Xxxxxx and Xxxx X. Xxxxxxxx, Civil Action No. 12-cv-02961-PAB-KMT, United States District Court, District of Colorado, and agree to be bound by its terms.
