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200204921 <br />risk assessments; (2) Abate lead -based paint hazards in pre -1978 buildings and structures in <br />paint, dust and bare soil in accordance with the HUD Guidelines, with the addition of abatement <br />of bare soil with lead levels higher than 2000 ppm; and (3) Comply with the EPA lead -based <br />paint work standards when conducting lead -based paint activities (40 CFR 745, Subpart L). <br />In complying with these requirements, the Grantee covenants and agrees to be <br />responsible for any abatement or remediation of lead -based paint or lead -based paint hazards on <br />the Property found to be necessary as a result of the subsequent use of the property. The Grantee <br />covenants and agrees to comply with solid or hazardous waste laws that may apply to any waste <br />that may be generated during the course of lead -based paint abatement activities. <br />5. The Grantee further agrees to indemnify and hold harmless the Army, its officers, <br />agents and employees, from and against all suits, claims, demands, or actions, liabilities, <br />judgments, costs and attorney's fees arising out of, or in a manner predicated upon personal <br />injury, death or property damage resulting from, related to, caused by or arising out of lead -based <br />paint or lead -based paint hazards on the Property. <br />6. The covenants, restrictions, and requirements of this subsection IV.c. shall be <br />binding upon the Grantee, its successors and assigns, 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 buildings and structures on the Property <br />does not currently pose a threat to human health or the environment, and all friable asbestos that <br />posed a risk to human health has been removed. <br />2. The Grantee covenants and agrees that its use and occupancy of the Property will be <br />in compliance with all applicable laws relating to asbestos; and that the Grantor assumes no <br />liability for future remediation of asbestos or damages for personal injury, illness, disability, or <br />death, to the Grantee, its successors or assigns, or to any other person, including members of the <br />general public, arising from or incident to the purchase, transportation, removal, handling, use, <br />disposition, or other activity causing or leading to contact of any kind whatsoever with asbestos <br />on the Property, whether the Grantee, its successors or assigns have properly warned or failed to <br />properly warn the individual(s) injured. The Grantee agrees to be responsible for any future <br />remediation of asbestos found to be necessary on the Property. <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 <br />asbestos - related diseases, which include certain cancers and which can result in disability or <br />death. <br />%I <br />