04-13-15 Agenda, Packet & Committee Meeting Notice

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and any other hazardous materials, however, shall remain the sole responsibility of Customer and Ameresco shall assume no lial)iliq- whatsoever in connection with their removal, transportation and disposal. (e) Asbestos and Lead Egul: (i) Asbestos: Auheresco's Scope of Services is predicated on the viability of the Project without Ameresco encountering or disturbing asbestos or being required to perform any asbestos abatement or takingany otheraction with respect to asbestos. Customer hereby represents and warrants to i \meresco that, to the best of its knowledge, there is no asbestos or other hazardous material in ally area wherein Ameresco shall be perforniming the Scope of Services. If. (n) Ameresco encounters any friable asbestos which is in the vicinity of the Project that is not identified ill 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 may impede Ameresco's work, Ameresco shall notify Custouur of file same and Customer shall (s) at its cost, cause the asbestos to be lawfully removed, enclosed, encapsulated or othemise abated is accordance with applicable laws, rules and regulations; (1) at Its cost, provide written test reports showing that asbestos in that area has been properly removed, enclosed c7tcapsulatecl or otherwise abated in accordance with applicable laws ides and regulations; or (z) abandon the Project and terminate this : \grcemcnt. If Ameresco cannot reasonably determine whether aim particular material contains asbestos, Customer, upon Anncreseo written request, shall either: (i) 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 Ameresco; or (b) abandon the project and terminate this Agreement. under no circunhstnnccs shall Ameresco be required to handle asbestos. If Ameresco encounter, asbestos that materinfly affects the Scope of Services ar the project schedule,.lnneresco. ants option, may demobilize and cease construction in the area 'affected by th u su au e presence of asbestos until Rich t 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 Ameresco that it shall not take such action, Ameresco mar, at its option, either remove the affected area from its Scope of Services (and make commensurate adjustments to its rights and obligations) or terminate this Agreement in its entirety. Customer shall be responsible for payment of the portion of Scope of Scr•ices implemented prior to termination. Custexner shall be responsible tin• anc and all costs (including termination) incurred by Ameresco that relate to the prescace of asbestos. Lead Paint-. ,lnherescds Scope of Services is predicated upon Ameresco not encountering or disturbing lead paint or being required to perform abatement or providing anc notice or taking any other action with respect to lead paint. Customer hereby represents that, to the best of its knttwledgc, there is no csposcd lead paint in any area in which Anuresco shall Ile performing the Scope of Semites. If Ameresco encounters lead paint in any area where it is to perform the Scope of . ices, which services shall requite disturbing lead paint, and Auuresco reasonably believes that such paint mac be lead paint, Customer, upon Alncreseo written request, shall either (a) at Customer's cost, lawfully 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 denmonstrates the presence of Icad paint or :lnmcresco reasonabh believes that