ACM. The Company and B&W shall endeavor in good faith to satisfy the conditions set forth in Section 4.2(g).

ACM. Tenant acknowledges and agrees that (a) the Project was constructed at a time when asbestos was commonly used in construction, (b) asbestos and asbestos-containing materials (collectively, “ACM”) may be present at the Project, and (c) airborne asbestos fibers may be released and result in a potential health hazard if proper ACM containment, remediation and abatement procedures are not observed. Except as otherwise provided in the Lease and the Work Agreement, Tenant shall be solely responsible for all costs related to ACM that arise in connection with Tenant’s occupancy, use, modification, alteration or improvement of the then Premises under this Lease. In connection with any modifications, alterations or improvements contemplated to be performed by Tenant in the Premises, Tenant (including its contractors and other agents) shall consult with Landlord and Landlord’s asbestos consultant concerning appropriate procedures to be followed in connection with ACM prior to performing any such work in the Premises. All such work shall be subject to the terms of Article 8 of the Lease. During the performance of any such work, Tenant (including its contractors and other agents) shall comply with all applicable laws, rules, regulations and other governmental requirements, as well as all directives of Landlord and Landlord’s asbestos consultant, relating to ACM. Landlord’s consultant shall have the right but not the obligation to supervise and direct any ACM-related aspects of Tenant’s contemplated work in the Premises. In connection with any such work that may affect ACM in the Premises or the Project, Landlord shall have the right at any time to cause Tenant to immediately stop such work if such work has not been approved in writing by Landlord or if such work has deviated from the plans previously approved by Landlord for such work.

ACM. ACM" means any asbestos-containing material as defined by Environmental Laws.

ACM. Seller's Environmental Consultant has identified ACM located within the three levels of the P & S Building. ACM sampling and analytical results are provided in a reported dated February 14, 2005, which has been provided to Buyer's Environmental Consultant for its review. Seller's Environmental Consultant will conduct an additional investigation and sampling events to document the presence of ACM insulation on piping or other items in the plenum space between the suspended ceiling and the upper-floor decking or roof. Samples will be taken to assess the materials through appropriate laboratory analysis. Seller agrees to conduct all investigative, abatement and/or remedial activities in accordance with the Applicable Standards. Seller will conduct all activities required by the Applicable Standards during non-business hours to avoid disruption to Buyer's business.

ACM. Borrower agrees to establish and follow an operating and maintenance program for all of the Premises containing ACM, including, without limitation, Pleasanton, Texas; Brairglen Drive, San Antonio, Texas; Pat Xxxk, San Antonio, Texas; Colebra, San Antonio, Texas; Huckberry, San Antonio, Texas; Vancx Xxxxxxx, Xxn Antonio, Texas; and O'Coxxxx, Xxn Antonio, Texas.

ACM. (a) It is agreed that Tenant's "AS IS" acceptance of the demised premises and all of the equipment, apparatus, plumbing, heating, air conditioning, electric, water, waste disposal and other systems includes Tenant's acceptance of any possible latent or patent defects involving the possible presence of asbestos containing materials or any other hazardous materials (collectively "ACM") therein. Landlord shall remove or encapsulate any ACM that exists in the demised premises within forty-five (45) days following mutual execution of this lease. It is further agreed that, in the event ACM is found to be present within the demised premises, and such ACM was not brought into the demised premises by Tenant or Tenant's subtenants, employees, contractors, or customers then: (i) Tenant shall immediately give Landlord written notice of such fact; (ii) Tenant shall forthwith cease all activities (including but not limited to performance of alterations, renovations or redecoration activities) that disturb ACM, compromise environmental quality or violate any legal requirement; (iii) Landlord may (if it so elects) upon receipt of such notice from Tenant, retain control of all procedures employed for ACM removal or encapsulation work; (iv) Landlord shall, at Landlord's expense, cause the removal or encapsulation of all ACM to be accomplished in accordance with all laws, regulations and legal requirements of governmental agencies or authorities having jurisdiction. If required by Landlord to do so, in order to accomplish ACM removal or encapsulation, Tenant shall temporarily close the demised premises for business, remove its inventory and other contents, permit entry to accomplish ACM removal or encapsulation, and generally cooperate with Landlord and its agents' removal or encapsulation efforts. Landlord, however, shall coordinate and cooperate with Tenant to minimize any cessation or degradation of Tenant's use of or business operations within the demised premises. If such removal or encapsulation forces Tenant to cease its operations in the demised premises for a material and substantial amount of time, then Tenant shall be entitled to an equitable abatement of rent for such period. In the event of any conflict or inconsistency between this clause and any other provision of this lease (including but not limited to any provision regarding repairs, maintenance, alterations and compliance with laws) the provisions of this clause shall control.

Related to ACM

Materials of Environmental Concern “Materials of Environmental Concern” include chemicals, pollutants, contaminants, wastes, toxic substances, petroleum and petroleum products and any other substance that is now or hereafter regulated by any Environmental Law or that is otherwise a danger to health, reproduction or the environment.
Periodic Review of Costs of Environmental Compliance In the ordinary course of its business, the Company conducts a periodic review of the effect of Environmental Laws on the business, operations and properties of the Company and its subsidiaries, in the course of which it identifies and evaluates associated costs and liabilities (including, without limitation, any capital or operating expenditures required for clean-up, closure of properties or compliance with Environmental Laws or any permit, license or approval, any related constraints on operating activities and any potential liabilities to third parties). On the basis of such review and the amount of its established reserves, the Company has reasonably concluded that such associated costs and liabilities would not, individually or in the aggregate, result in a Material Adverse Change.
Construction Representatives Landlord hereby appoints the following person(s) as Landlord's representative ("Landlord's Representative") to act for Landlord in all matters covered by this Work Letter Agreement: __________________________________. Tenant hereby appoints the following person(s) as Tenant's representative ("Tenant's Representative") to act for Tenant in all matters covered by this Work Letter Agreement: _____________________________. All communications with respect to the matters covered by this Work Letter Agreement shall be made to Landlord's Representative or Tenant's Representative, as the case may be, in writing in compliance with the notice provisions of the Lease. Either party may change its representative under this Work Letter Agreement at any time by written notice to the other party in compliance with the notice provisions of the Lease.
Hazardous Materials; Remediation (a) If any release or disposal of Hazardous Materials shall occur or shall have occurred on any real property or any other assets of any Borrower or any other Credit Party, such Borrower will cause, or direct the applicable Credit Party to cause, the prompt containment and removal of such Hazardous Materials and the remediation of such real property or other assets as is necessary to comply with all Environmental Laws and to preserve the value of such real property or other assets. Without limiting the generality of the foregoing, each Borrower shall, and shall cause each other Credit Party to, comply with each Environmental Law requiring the performance at any real property by any Borrower or any other Credit Party of activities in response to the release or threatened release of a Hazardous Material.
ASBESTOS CONTAINING BUILDING MATERIALS Please be advised that an asbestos survey may have been performed at the Property. If provided, please review the information that identifies the locations of known asbestos containing material or presumed asbestos containing material. All personnel and appropriate subcontractors should be notified of the presence of these materials, and informed not to disturb these materials. Any activity that involves the disturbance or removal of these materials must be done by an appropriately trained individual/contractor.
Materials of Environmental Concern have not been transported or disposed of from the Properties in violation of, or in a manner or to a location that could give rise to liability under, any Environmental Law, nor have any Materials of Environmental Concern been generated, treated, stored or disposed of at, on or under any of the Properties in violation of, or in a manner that could give rise to liability under, any applicable Environmental Law;
STORAGE TANKS AND SUMPS 3.1 Is any above or below ground storage of gasoline, diesel, petroleum, or other Hazardous Materials in tanks or sumps proposed in, on or about the Premises? Existing Tenants should describe any such actual or proposed activities. Yes [ ] No [ ] If yes, please explain:
Environmental Review (a) Buyer shall have the right to conduct or cause a consultant (“Buyer’s Environmental Consultant”) to conduct an environmental review of the Assets and Seller’s records pertaining to the Assets (as set forth in Section 3.01) prior to the expiration of the Examination Period (“Buyer’s Environmental Review”). The cost and expense of Buyer’s Environmental Review, if any, shall be borne solely by Buyer. The scope of work comprising Buyer’s Environmental Review shall not include any intrusive test or procedure without the prior written consent of Seller. Buyer shall (and shall cause Buyer’s Environmental Consultant to): (i) consult with Seller before conducting any work comprising Buyer’s Environmental Review, (ii) perform all such work in a safe and workmanlike manner and so as to not unreasonably interfere with Seller’s operations and (iii) comply with all applicable laws, rules, and regulations. Seller shall use commercially reasonable efforts to obtain any Third Party consents and otherwise cooperate with Buyer in conducting Buyer’s Environmental Review and any activities related thereto. Seller shall have the right to have a representative or representatives accompany Buyer and Buyer’s Environmental Consultant at all times during Buyer’s Environmental Review. With respect to any samples taken in connection with Buyer’s Environmental Review, Buyer shall take split samples, providing one of each such sample, properly labeled and identified, to Seller. The Parties shall execute a “common undertaking” letter regarding the confidentiality for the Environmental Review where appropriate. Buyer hereby agrees to release, defend, indemnify and hold harmless Seller from and against all claims, losses, damages, costs, expenses, causes of action and judgments of any kind or character (INCLUDING THOSE RESULTING FROM SELLER’S SOLE, JOINT, COMPARATIVE OR CONCURRENT NEGLIGENCE OR STRICT LIABILITY) to the extent arising out of Buyer’s Environmental Review. Buyer hereby covenants and agrees that it will have at least $2,000,000 of general liability insurance to cover its indemnification hereunder prior to the commencement of the Environmental Review.
Environmental Remediation Failure to remediate (or pursue the remediation process with due diligence and good faith) within the time period required by law or governmental order, (or within a reasonable time in light of the nature of the problem if no specific time period is so established), environmental problems in violation of Applicable Law related to Properties of the Borrower and/or its Subsidiaries where the estimated cost of remediation is in the aggregate in excess of Seventy-Five Million Dollars ($75,000,000), in each case after all administrative hearings and appeals have been concluded.
Compliance with Environmental Requirements; No Hazardous Materials Except in each case as set forth on Schedule 3.18:

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