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200600526
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Last modified
1/20/2006 6:29:41 AM
Creation date
1/20/2006 6:23:11 AM
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DEEDS
Inst Number
200600526
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<br />.. <br />.' r f <br /> <br />. <br />. ' <br /> <br />200600526 <br /> <br />6. 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 for <br />residential purposes. The Grantee covenants and agrees to comply with solid or hazardous waste <br />laws that may apply to any waste that may be generated during the course of lead-based paint <br />abatement activities. <br /> <br />7. 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 hazards on the Property ifused for residential purposes. <br /> <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 and shall be <br />deemed to run with the land. The Grantee on behalf of itself, its successors and assigns <br />covenants that it will include and make legally binding, this Subsection IV.c. in all subsequent <br />transfers, leases, or conveyance documents. <br /> <br />d. Notice of the Presence of Asbestos and Covenant <br /> <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 on the Property, as described <br />in the EBSs and FOST, as amended. The ACM on the Property does not currently pose a threat <br />to human health or the environment. All friable asbestos that posed a risk to human health has <br />been removed. <br /> <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 /> <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 EP A <br />regulate asbestos because of the potential hazards associated with exposure to airborne asbestos <br />fibers. Both OSHA and EP A 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 /> <br />7 <br />
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