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All other existing PCB -contaminated ballasts, lamps and any other hazardous materials, however, shall remain <br />the sole responsibility of Customer and Ameresco shall assume no liability whatsoever in connection with their <br />removal, transportation and disposal. <br />(c) Asbestos and Lead Paint: <br />(i) Asbestos: Ameresco's Scope of Services is predicated on the viability of the Project without <br />Ameresco's encountering or disturbing asbestos or being required to perform any asbestos <br />abatement or taking any other action with respect to asbestos. Customer hereby represents <br />and warrants to Ameresco that there is no asbestos or other hazardous material in any area <br />wherein Ameresco shall be performing the Scope of Services. I£ (a) Ameresco encounters <br />any friable asbestos which is in the vicinity of the Project that is not identified in the Scope of <br />Services, (b) Ameresco determines that its work will result in the disturbance of asbestos <br />containing material, or (c) Ameresco determines that the presence of asbestos containing <br />material may impede Ameresco's work, Ameresco shall notify Customer of the same and <br />Customer shall either: (x) at its cost, cause the asbestos to be lawfully removed, enclosed, <br />encapsulated or otherwise abated in accordance with applicable laws, rules and regulations; (y) <br />at its cost, provide written test reports showing that asbestos in that area has been properly <br />removed, enclosed encapsulated or otherwise abated in accordance with applicable laws rules <br />and regulations; or (z) abandon the Project and terminate this Agreement. If Ameresco cannot <br />determine whether any particular material contains asbestos, Customer, upon Ameresco's <br />written request, shall either: (1) at Customer's cost, lawfully perform tests or cause tests to be <br />performed in order to determine whether such material contains asbestos and/or whether <br />there are unacceptable levels of airborne particulate material containing asbestos and provide <br />such test report to Ameresco; or (II) abandon the Project and terminate this Agreement. <br />Under no circumstances shall Ameresco be required to handle asbestos. If Ameresco <br />encounters asbestos that materially affects the Scope of Services or the Project schedule, <br />Ameresco, at its option, may demobilize and cease construction in the area affected by the <br />presence of asbestos until such time as Customer elects and performs one of the options <br />afforded Customer as described in this Subsection. If Customer does not promptly take <br />action, as provided herein, or notifies Ameresco that it shall not take such action, Ameresco <br />may, at its option, either remove the affected area from its Scope of Services (and make <br />commensurate adjustments to its rights and obligations) or terminate this Agreement in its <br />entirety. Customer shall be responsible for payment of the portion of Scope of Services <br />implemented prior to termination. Customer shall be responsible for any and all costs <br />(including termination) incurred by Ameresco that relate to the presence of asbestos. <br />(ii) Lead Paint: Ameresco's Scope of Services is predicated on the viability of the Project without <br />Ameresco's encountering or disturbing lead paint or being required to perform abatement or <br />providing any notice or taking any other action with respect to lead paint. Customer hereby <br />represents and warrants to Ameresco that there is no exposed lead paint in any area in which <br />Ameresco shall be performing the Scope of Services. If Ameresco encounters lead paint in <br />any area where it is to perform the Scope of Services, which performance would require <br />disturbing lead paint, and Ameresco reasonably believes that such paint may be lead paint, <br />Customer, upon Ameresco's written request, shall either (a) at Customer's cost, lawfully <br />perform tests or cause tests to be performed in order to determine whether such paint contains <br />lead and shall provide a test report to Ameresco; or (b) abandon the Project and terminate this <br />Agreement. If such test report demonstrates the presence of lead paint or Ameresco <br />reasonably believes that performing its services under this Agreement is likely to cause the <br />disturbance of lead paint in such a manner as to require Ameresco to provide any notification <br />or take any actions pursuant to any federal, state or local laws, rules, or regulations and <br />Ameresco notifies Customer of the same, Customer shall: (x) at its cost, cause the lead paint <br />Confidential & Proprietary Information of Ameresco, Inc. Page 5 of 56 <br />