Asbestos Containing Materials. Prior to the commencement of any Renovations or alterations at any Property, any asbestos containing materials or suspect/presumed asbestos containing materials (collectively, “ACM”) located at such Property that has not previously been sampled and that will be subject to the Renovations or alterations shall be sampled, or, in the absence of sampling, shall be presumed to be ACM and handled and managed as such. Prior to the Renovations or alterations, any and all friable ACM and ACM that will be subject to the Renovations or alterations and is damaged or in poor condition, shall be removed by a licensed asbestos abatement contractor and disposed of off-site in compliance with applicable Environmental Laws or be sealed and fully encapsulated (if the ACM is capable of being encapsulated without further damage to the ACM) by a licensed asbestos abatement contractor, all in compliance with all applicable Environmental Laws, including all applicable ACM notice and disclosure requirements required by applicable Environmental Laws, and shall maintain all other ACM present on such Property in compliance with Environmental Laws (collectively, the “ACM Abatement Activities”). In addition, ACM Abatement Activities shall be followed for any ACM that could be disturbed by any Renovations or alterations. Asbestos post-abatement air clearance samples shall be collected following the completion of the ACM Abatement Activities involving the disturbance of more than 25 linear feet or more than 10 square feet of ACM to document that airborne ACM levels at the property are below the applicable re-occupancy clearance level (either less than or equal to 0.01 fibers per cubic centimeter or less than the ambient concentration not in excess of OSHA Permissible Exposure Limits, whichever is larger, if the phase contract microscopy monitoring and analysis method is used or the average number of asbestos structures on samples inside the abatement area is no greater than 70 structures per square millimeter (S/MM2) if the transmission electron microscopy monitoring and analysis method is used). Documentation related to asbestos surveys, abatement activities and regulatory forms shall be provided to the Agent upon request of the Agent following completion of work.
AllDrafts is a cloud-based editor designed specifically for contracts. With automatic formatting, a massive clause library, smart redaction, and insanely easy templates, it’s a welcome change from Word.
And AllDrafts generates clean Word and PDF files from any draft.