ALTERATIONS DURING THE TERM OF THE LEASE, IF TENANT
SHALL ENCOUNTER ANY ASBESTOS-CONTAINING MATERIALS ("ACMS") OR PRESUMED
ASBESTOS-CONTAINING MATERIALS ("PACMS") (AS SUCH TERM IS DEFINED IN THE
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION ASBESTOS RULE (1995), 59 FED. REG.
40964, 29 CFR §1910.1001 ET SEQ. AND 1926.1101 ET SEQ., CLARIFICATION 60 FED.
REG. 33974) WHICH ARE REQUIRED TO BE REMOVED, ENCAPSULATED OR OTHERWISE
REMEDIATED TO COMPLY WITH LEGAL REQUIREMENTS, (I) TENANT SHALL PROMPTLY NOTIFY
LANDLORD (WHICH NOTICE SHALL BE ACCOMPANIED BY REASONABLY DETAILED DOCUMENTATION
DESCRIBING THE NATURE AND EXTENT OF THE ACMS OR PACMS), (II) LANDLORD, AT ITS
SOLE COST AND EXPENSE, SHALL REMOVE OR, SUBJECT TO THE FOLLOWING SENTENCE,
ENCAPSULATE SUCH ACMS OR PACMS AS REQUIRED TO COMPLY WITH LEGAL REQUIREMENTS
WITHIN 60 DAYS AFTER TENANT'S NOTICE TO LANDLORD PROVIDED, HOWEVER, TENANT SHALL
NOT EXACERBATE ANY SUCH EXISTING CONDITION WITHIN THE DEMISED PREMISES BUT, IF
TENANT DOES SO, TENANT (WITHOUT OTHERWISE LIMITING LANDLORD'S RIGHTS) SHALL
INDEMNIFY LANDLORD FOR SUCH ACTIONS AND BE SOLELY RESPONSIBLE FOR REIMBURSING
LANDLORD UPON DEMAND FOR ALL INCREMENTAL COSTS INCURRED BY LANDLORD DUE TO
TENANT'S ACTIONS AND (III) THEREAFTER, TENANT, AT ITS SOLE COST AND EXPENSE,
SHALL COMPLY WITH AN OPERATING AND MAINTENANCE PLAN RELATING TO ANY ACMS OR
PACMS REASONABLY ESTABLISHED BY LANDLORD.
NOTWITHSTANDING THE PROVISIONS OF THE
PRECEDING SENTENCE, LANDLORD SHALL REMOVE (AND NOT ENCAPSULATE) ANY NON-DE
MINIMIS QUANTITIES OF READILY-ACCESSIBLE ACM'S OR PACM'S SO LONG AS THE COST OF
REMOVAL IS LESS THAN TWICE THE COST OF ENCAPSULATION.
TENANT SHALL USE
COMMERCIALLY REASONABLE EFFORTS NOT TO DISTURB ANY EXISTING ACMS OR PACMS IN THE
PERFORMANCE OF ITS ALTERATIONS AND SHALL MAKE REASONABLE MODIFICATIONS TO ITS
PLANS AND SPECIFICATIONS WHICH DO NOT AFFECT THE APPEARANCE OR FUNCTIONALITY OF
ITS ALTERATIONS (EXCEPT IN A DE MINIMIS MANNER) IF REQUIRED TO ENABLE LANDLORD
TO ENCAPSULATE RATHER THAN REMOVE SUCH ACMS OR PACMS.
IF SUCH MODIFICATIONS ARE
NOT REASONABLY FEASIBLE DUE TO TENANT'S DESIGN OR IF SUCH MODIFICATIONS WOULD
MATERIALLY INCREASE TENANT'S COSTS IN PERFORMING ITS ALTERATIONS, THEN LANDLORD
SHALL REMOVE SUCH ACMS OR PACMS AT ITS EXPENSE.
IF LANDLORD FAILS TO COMPLETE
SUCH WORK WITHIN THE 60 DAY PERIOD REFERRED TO ABOVE, AND TENANT NOTIFIES
LANDLORD THAT, SOLELY AS A RESULT OF LANDLORD'S FAILURE TO COMPLETE THE REQUIRED
TREATMENT OF THE ACMS AND PACMS WITHIN SUCH 60 DAY PERIOD, TENANT WILL ACTUALLY
BE DELAYED IN COMPLETING THE TENANT'S INITIAL WORK, THEN, IF LANDLORD HAS NOT
COMPLETED SUCH WORK WITHIN AN ADDITIONAL TEN DAY PERIOD, THE RENT COMMENCEMENT
DATE FOR THE AFFECTED PORTION OF SUCH SPACE (INCLUDING ANY OTHER SPACE ON THE
SAME FLOOR IN WHICH, BASED ON GOOD CONSTRUCTION PRACTICE, TENANT CANNOT
REASONABLY PERFORM ITS ALTERATIONS UNTIL LANDLORD HAS COMPLETED SUCH WORK),
SHALL BE DEFERRED ONE DAY FOR EACH DAY THAT TENANT IS ACTUALLY SO DELAYED,
PROVIDED THAT TENANT SHALL HAVE COMMENCED AND CONTINUED THE PERFORMANCE OF THE
TENANT'S INITIAL WORK TO THE EXTENT POSSIBLE IN ACCORDANCE WITH GOOD
CONSTRUCTION PRACTICE AND SCHEDULING.
ANY DISPUTES AS TO THE PROVISIONS OF THE
PRIOR SENTENCE SHALL BE RESOLVED