Laserfiche WebLink
200304'712 <br />8. The covenants, restrictions, requirements and obligations of this Subsection IV.c. <br />shall be binding upon the Grantee, its successors and assigns and all future owners, solely for <br />acts and omissions that occur during such time any of the same are the title holder of record of <br />the Property, and shall be deemed to run with the land. <br />d. Notice of the Presence of Asbestos and Covenant <br />1. The Grantee is hereby informed and does acknowledge that friable and non - friable <br />asbestos or asbestos - containing materials ( "ACM ") has been found in buildings and structures on <br />the Property, as described in the EBS. The ACM in the Existing Building on the Property does <br />not currently pose a threat to human health or the environment, and all friable asbestos that posed <br />a risk to human health has been removed. <br />2. The Grantee covenants and agrees that its use and occupancy of the Existing <br />Building will be in compliance with all applicable laws relating to asbestos; and that the Grantor <br />assumes no liability for future remediation of asbestos or damages for personal injury, illness, <br />disability, or death, to the Grantee, its successors or assigns, or to any other person, including <br />members of the general public, arising from or incident to the purchase, transportation, removal, <br />handling, use, disposition, or other activity causing or leading to contact of any kind whatsoever <br />with asbestos in the Existing Building, whether the Grantee, its successors or assigns have <br />properly warned or failed to properly warn the individual(s) injured. The Grantee agrees Grantor <br />shall not be responsible for any future remediation of asbestos found to be necessary in the <br />Existing Building. <br />3. Unprotected or unregulated exposures to asbestos in product manufacturing, <br />shipyard, and building construction workplaces have been associated with asbestos - related <br />diseases. Both the Occupational Safety and Health Administration (OSHA) and the EPA <br />regulate asbestos because of the potential hazards associated with exposure to airborne asbestos <br />fibers. Both OSHA and EPA have determined that such exposure increases the risk of asbestos - <br />related diseases, which include certain cancers and which can result in disability or death. <br />4. The Grantee acknowledges that it has inspected the Existing Building as to its <br />asbestos content and condition and any hazardous or environmental conditions relating thereto. <br />The Grantee shall be deemed to have relied solely on its own judgment in assessing the overall <br />condition of the Existing Building, including, without limitation, any asbestos hazards or <br />concerns. <br />5. The Grantor assumes no liability for any damages to person or property, and gives <br />no warranties, either express or implied, with regard to the presence or absence of asbestos or <br />ACM in the Existing Building, or whether the Existing Building is or is not suitable for a <br />particular purpose. The Grantee further agrees, solely in regard to acts or omissions that occur <br />during such time Grantee is the title holder of record of the Property, to indemnify and hold <br />harmless the Grantor, its officers, agents and employees from and against all suits, claims, <br />demands or actions, liabilities, judgments, penalties, costs and attorneys' fees arising out of or in <br />any manner predicated upon, future asbestos abatement or remediation from the Existing <br />Building; disposal of ACM or asbestos after conveyance to the Grantee; personal injury, death or <br />