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200311102
<br />(4) Grantor assumes no liability for remediation or damages for personal injury,
<br />illness, disability, or death, to Grantee, its successors and assigns, sublessees or to any other
<br />person, including members of the general public, arising from or incident to possession and/or
<br />use of any portion of the Property containing lead -based paint. Grantee, for itself and its
<br />successors and assigns, further agrees to indemnify and hold harmless Grantor, its assigns, and/or
<br />its officers, agents, and employees, from and against all suits, claims, demands or actions
<br />liabilities, judgments, costs and attorneys' fees arising out of, or in any manner predicated upon,
<br />personal injury, death or property damage resulting from, related to, caused by or arising out of
<br />the possession and/or use of any portion of the Property containing lead -based paint. The
<br />obligation of Grantee, its successors and assigns, shall apply whenever Grantor incurs costs or
<br />liabilities for actions giving rise to liability under this section.
<br />c. 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 ") have been found on the Property, as
<br />described in the Environmental Baseline Survey (EBS) dated September 1, 1998. The ACM on
<br />the property does not currently pose a threat to human health or the environment. All friable
<br />asbestos that poses a risk to human health has been removed.
<br />(2) The Grantee covenants and agrees that its use and occupancy of the Property will
<br />be in compliance with all applicable laws relating to asbestos; and that the Army 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
<br />Environmental Protection Agency (EPA) regulate asbestos because of the potential hazards
<br />associated with exposure to airborne asbestos fibers. Both OSHA and EPA have determined that
<br />such exposure increases the risk of asbestos - related diseases, which include certain cancers and
<br />which can result in disability or death.
<br />(4) The Grantee acknowledges that it has inspected the property as to its asbestos
<br />content and condition and any hazardous or environmental conditions relating thereto. The
<br />Grantee is deemed to have relied solely on its own judgment in assessing the overall condition of
<br />all or any portion of the property, including, without limitation, any asbestos hazards or
<br />concerns.
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