Common use of ASBESTOS AND LEAD CONTAINING MATERIALS AND Clause in Contracts

ASBESTOS AND LEAD CONTAINING MATERIALS AND. PERFLUORINATED COMPOUNDS It is the policy of the D/FW Airport BOARD that all architects, engineers, consultants, general contractors, subcontractors, distributors, suppliers, and others receiving proceeds from this Contract be bound by the Owner’s philosophy toward the use of asbestos, lead, and perfluorinated compounds within the boundaries of the D/FW Airport. Towards this end, Contractor covenants and agrees that it shall not use or install products containing asbestos or lead in any form or any perfluorinated compounds as part of this Contract or subsequent addendum or Change Order. This provision applies to all materials and/or products placed in service within the boundaries of D/FW Airport under conditions and terms of the Contract. Contractor accepts and assumes all responsibility and liability for asbestos and lead containing products and/or materials and perfluorinated compounds installed or provided in performance of the Work. In addition, the Contractor accepts and assumes responsibility and liability for all expenses related to the removal, replacement and reparation of asbestos or lead containing materials and perfluorinated compounds put in place under terms of the Contract. Should non-compliance of drawings, notations, and other Contract Documents within this prohibition contained herein be discovered by or on behalf of Contractor, the Contractor must promptly notify Owner representatives in writing of the non-compliant notation or specification. The Contractor also certifies that a non-asbestos, lead, or perfluorinated containing material or product of similar kind and quality as the asbestos, lead, or perfluorinated containing material will be substituted with the approval of the Owner. This provision reflects the mandate of the Owner to promote the health, safety, and welfare of the general public and to establish a standard for response to asbestos, lead, and perfluorinated compounds within the limits of Airport authority. Contractor shall comply with all Environmental and Safety Laws relating to asbestos, lead, and perfluorinated compounds. This provision supersedes and replaces all other references, specifications, and notations relating to asbestos- containing materials which may appear in this Contract. If any underground transite pipe or fuel lines are encountered during the course of the Project, the Contractor shall immediately notify the Construction Manager. Any abatement (asbestos, lead, and/or perfluorinated compounds) performed must be conducted in accordance with applicable Environmental and Safety Laws, as well as Owner standards. Abatement procedures must be submitted to D/FW Environmental Affairs for review and approval prior to beginning any abatement activity. No abatement Work may proceed without written authorization from the Airport Development & Engineering Department posted in the field with the Construction Permit. If requested, manufacturers of sealants, adhesives, gasket material, piping, curing materials, and similar building materials shall submit letters of certification to Contractor that their products are free of asbestos, lead, and perfluorinated compounds. 120-4 ENVIRONMENTAL INDEMNITY NOTWITHSTANDING ANY OTHER PROVISION TO THE CONTRARY, CONTRACTOR AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS OWNER, THE CITIES OF DALLAS AND FORT WORTH, TEXAS, AND THEIR RESPECTIVE PAST, PRESENT, AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND COUNCILS FROM AND AGAINST, AND TO REIMBURSE SAME WITH RESPECT TO, ANY AND ALL CLAIMS, DEMANDS, PENALTIES SUITS, ACTIONS, LOSS, DAMAGES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES, LITIGATION COSTS, EXPERT WITNESS FEES, AND EXPENSES OF INVESTIGATION AND REMEDIATION OR OTHER GOVERNMENT-REQUIRED PLAN, REPORT, OR RESPONSE ACTION) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, FIXED OR CONTINGENT, ASSERTED AGAINST OR INCURRED BY SUCH PARTIES AT ANY TIME BY REASON OF, IN CONNECTION WITH, OR ARISING OUT OF (A) THE BREACH OF ANY REPRESENTATION OR WARRANTY SET FORTH IN THIS SECTION BY CONTRACTOR OR ANY EMPLOYEES, AGENTS, SUB-CONTRACTORS, OR ANY OTHER THIRD PARTY UNDER CONTRACTOR’S CONTROL, (B) THE FAILURE OF CONTRACTOR TO PERFORM ANY OBLIGATION REQUIRED BY THIS SECTION 120 TO BE PERFORMED BY CONTRACTOR, OR (C) LOSS FROM ANY ENVIRONMENTAL IMPACT CLAIM, AS DEFINED HEREIN, CAUSED IN WHOLE OR IN PART BY OR ARISING IN WHOLE OR IN PART FROM THE ACTS OR OMISSIONS OF CONTRACTOR OR ITS EMPLOYEES, AGENTS, SUB-CONTRACTORS, OR ANY OTHER THIRD PARTY UNDER CONTRACTOR’S CONTROL; OR

ASBESTOS AND LEAD CONTAINING MATERIALS AND. PERFLUORINATED COMPOUNDS It is the policy of the D/FW Airport BOARD that all architects, engineers, consultants, general contractors, subcontractors, distributors, suppliers, and others receiving proceeds from this Contract be bound by the Owner’s philosophy toward the use of asbestos, lead, and perfluorinated compounds within the boundaries of the D/FW Airport. Towards this end, Contractor covenants and agrees that it shall not use or install products containing asbestos or lead in any form or any perfluorinated compounds as part of this Contract or subsequent addendum or Change Order. This provision applies to all materials and/or products placed in service within the boundaries of D/FW Airport under conditions and terms of the Contract. Contractor accepts and assumes all responsibility and liability for asbestos and lead containing products and/or materials and perfluorinated compounds installed or provided in performance of the Work. In addition, the Contractor accepts and assumes responsibility and liability for all expenses related to the removal, replacement and reparation of asbestos or lead containing materials and perfluorinated compounds put in place under terms of the Contract. Should non-compliance of drawings, notations, and other Contract Documents within this prohibition contained herein be discovered by or on behalf of Contractor, the Contractor must promptly notify Owner representatives in writing of the non-compliant notation or specification. The Contractor also certifies that a non-asbestos, lead, or perfluorinated containing material or product of similar kind and quality as the asbestos, lead, or perfluorinated containing material will be substituted with the approval of the Owner. This provision reflects the mandate of the Owner to promote the health, safety, and welfare of the general public and to establish a standard for response to asbestos, lead, and perfluorinated compounds within the limits of Airport authority. Contractor shall comply with all Environmental and Safety Laws relating to asbestos, lead, and perfluorinated compounds. This provision supersedes and replaces all other references, specifications, and notations relating to asbestos- containing materials which may appear in this Contract. If any underground transite pipe or fuel lines are encountered during the course of the Project, the Contractor shall immediately notify the Construction Manager. Any abatement (asbestos, lead, and/or perfluorinated compounds) performed must be conducted in accordance with applicable Environmental and Safety Laws, as well as Owner standards. Abatement procedures must be submitted to D/FW Environmental Affairs for review and approval prior to beginning any abatement activity. No abatement Work may proceed without written authorization from the Airport Development & Engineering Department posted in the field with the Construction Permit. If requested, manufacturers of sealants, adhesives, gasket material, piping, curing materials, and similar building materials shall submit letters of certification to Contractor that their products are free of asbestos, lead, and perfluorinated compounds. 120-4 ENVIRONMENTAL INDEMNITY INDEMNITY‌ NOTWITHSTANDING ANY OTHER PROVISION TO THE CONTRARY, CONTRACTOR AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS OWNER, THE CITIES OF DALLAS AND FORT WORTH, TEXAS, AND THEIR RESPECTIVE PAST, PRESENT, AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND COUNCILS FROM AND AGAINST, AND TO REIMBURSE SAME WITH RESPECT TO, ANY AND ALL CLAIMS, DEMANDS, PENALTIES SUITS, ACTIONS, LOSS, DAMAGES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES, LITIGATION COSTS, EXPERT WITNESS FEES, AND EXPENSES OF INVESTIGATION AND REMEDIATION OR OTHER GOVERNMENT-GOVERNMENT- REQUIRED PLAN, REPORT, OR RESPONSE ACTION) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, FIXED OR CONTINGENT, ASSERTED AGAINST OR INCURRED BY SUCH PARTIES AT ANY TIME BY REASON OF, IN CONNECTION WITH, OR ARISING OUT OF (A) THE BREACH OF ANY REPRESENTATION OR WARRANTY SET FORTH IN THIS SECTION 120 BY CONTRACTOR OR ANY EMPLOYEES, AGENTS, SUB-SUB- CONTRACTORS, OR ANY OTHER THIRD PARTY UNDER CONTRACTOR’S CONTROL, (B) THE FAILURE OF CONTRACTOR TO PERFORM ANY OBLIGATION REQUIRED BY THIS SECTION 120 TO BE PERFORMED BY CONTRACTOR, OR (C) LOSS FROM ANY ENVIRONMENTAL IMPACT CLAIM, AS DEFINED HEREIN, CAUSED IN WHOLE OR IN PART BY OR ARISING IN WHOLE OR IN PART FROM THE ACTS OR OMISSIONS OF CONTRACTOR OR ITS EMPLOYEES, AGENTS, SUB-CONTRACTORS, OR ANY OTHER THIRD PARTY UNDER CONTRACTOR’S CONTROL; OROR (D) THE VIOLATION BY CONTRACTOR OR ITS EMPLOYEES, AGENTS, SUB-CONTRACTORS, OR ANY OTHER THIRD PARTY UNDER CONTRACTOR’S CONTROL OF ANY BOARD ENVIRONMENTAL RULE OR REGULATION, BOARD PERMIT, BOARD POLICY, OR ANY ENVIRONMENTAL XXX.XXXXXX PROVISIONS The Contractor covenants and agrees: