03-23-15 Agenda. Packet & Committee Meeting Notice

Home Browse Search

area any other hazardous materials, however, shall remain the sole responsibility of Customer and Amcresco shall assure no liability whatsoever in connection with their removal, transportation and disposal. (c) Asbestos and _end Paint: (i) Asbestos: Amcresco's Scope of Services is predicated on the viability of the Project without Annrreseo encountering or disturbing asbestos or being required to perform nay asbestos abatement or taking any other action with respect to asbestos. Customer hereby represents and warrants to Amcresco that, to the best of its knowledge; there is no asbestos or other hazardous material in any area wherein Ameresco shall be performing the Scope of Services. If- (a) Ameresco encounters any friable asbestos which is in the vicinity of the Project that is not identified in the Scope of Services, (b) Ameresco determines that its work will result in the disturbance of asbestos containing material, or (c) Ameresco determines that the presence of asbestos containing material mac impede Ameresco's work, Amcresco shall notify Customer of the same and Customer shall: (s) it its cost, cause the asbestos to be lawfolh removed, enclosed, encapsulated or otherwise abated in accordance wirh applicable laws, rules and regulations; (i) at its cost, provide written test reports showing that asbestos in that area has been properly removed, enclosed encapsulated or otltmvise abated in accordance with applicable laws rules and regulations; or (z) abandon the Project and terminate this :agreement. If Annereseo cannot reasonably determine whether nn). Particular material contains asbestos, Customer, upon Amcreseo's written request, shall either: (1) at Customer's cost, lawfully perform tests or cause tests to be performed in order to determine whether such material contains asbestos and /or whether there are unacceptable levels of airborne particulate• material containing asbestos and provide such test report to Anneresco; or (b) abandon the Project and terminate this Agreement. Under no circumstances shall Ameresco be required to handle asbestos. If Ameresco encounters asbestos flint nnterialh' affects the Scope of Services or the Project schedule, Ameresco. at its option, nay demobilize and cease construction it) the area affected by the presence of asbestos until such 6111C as Customer elects and performs one of the options afforded Customer as described in this Subsection. If Customer does not promptly take action, as provided herein, or notifies Anicresco that it shall not take such action, Ameresco may, it its option, either remove the affected area from its Scope of Semiees (and make commensurate adjustments to its rights and obligations) or terminate this Agreement in its entirely Customer shall be responsible for panment of the portion of Scope of Services innplcmented prior to termination. Customer shill be responsible for any and Al costs (including termination) incurred by Ameresco that relate to the presence of asbestos. (ii) Lead Paine ,lmcresco's Scope of Services is predicated upon Ameresco not encountering or disturbing lead paint or being required to perforn abatement or providing any notice or taking nny other action with respect to lead paint. Customer hereby represents that, to the best of its knowledge, there is no csposed lead paint in any area in which ,-lmeresco shall be performing the Scope of Services. If anncresco encounters lead paint in any area where it is to perform the Scope of services, which services shall require disturbing lead paint, and Ameresco reasonably believes that such paint nnay be lead paint, Customer, upon Amereseo's written request, shall either (a) at CnstOnCf 3 cost, lawful])- perform tests or cause tests to be performed in order to determine whether such paint contains lead and shall provide a test report to Ameresco; or (b) abandon the Project and terminate this Agreement. If such test report demonstrates the presence of lead paint or Ameresco reasonably belicecs that