Xxxxxx and Xxxx X. Xxxxxxxxx.
Xxxxxx and Xxxx X. Xxxxxxxx The ideal asbestos abatement contractor agreement is one that fairly and adequately apportions the risks associated with an abatement project among the various parties involved with the work. For one reason or another, this result is seldom reached. Building owners and their consultants are persistent in their attempts to shift unlimited responsibility to the asbestos abatement contractor. It is unlikely that this will change in the near future. Therefore, asbestos abatement contractors must recognize the particularly onerous contract language which poses the greatest threat to their continued success. This article highlights some of those unmanageable contract provisions and suggests language which may protect the contractor against other risks which should more appropriately be borne by a different party. The Scope of Work It is essential that all construction contracts have a well-defined scope of work. This rule is especially true with regard to asbestos abatement contracts. A good scope of work clause for an asbestos abatement project will do two things. First, it will locate, describe, and quantify all asbestos-containing material (ACM) in the building or facility. And, second, it will identify the response action required to be taken with respect to each item of ACM so designated. If the owner’s consultant has prepared a report that contains the necessary information, this report should be incorporated by reference into the contractor’s agreement and attached as a rider. If the consultant’s report does not contain all the necessary information, for example, the appropriate response action with respect to a particular item of ACM, the report should still be incorporated into the agreement by reference, but the missing information must be furnished elsewhere in the contract documents. Under no circumstances should a contractor agree to remove all asbestos within a given structure. It should be the responsibility of the owner to discover the presence of asbestos and to determine the corresponding response action. If the owner is unwilling to provide the information necessary for the contractor to accurately price the work, the contractor should think very seriously about not taking the job. It is a good idea to list those items of work that are specifically excluded from the contractor’s scope of work. This added language could go a long way in avoiding potential disputes. For example, if the contractor will not have responsibility for disconn...
Xxxxxx and Xxxx X. Xxxxxxxxxx ----------------------------- Dated as of June 19, 1998 TABLE OF CONTENTS
Xxxxxx and Xxxx X. Xxxxxxx shall be designated as the persons authorized to receive notices and communications on behalf of the Liberty Reporting Persons with respect to the Schedule 13D and any amendments thereto.
Xxxxxx and Xxxx X. Xxxxxx dated and recorded October 7, 1998, in the Greenville County ROD Office in Deed Book 1791 at Page 964. TMS: P/O 0574.02-01-010.06 PARCEL 2: ALL of that certain piece, parcel or lot of land, situate, lying and being in the County of Greenville, State of South Carolina, and according to a Plat prepared of said property by C. O. Xxxxxx, R. L. S., November, 1972, and recorded in the R.M.C. Office for Greenville County, South Carolina, in Plat Book 4Y, at Page 20, having the following courses and distances, to-wit: BEGINNING at an iron pin in or near the center of Xxxxx Xxxxx Road, front corner of lot property of the Grantors and Rice and running thence with said road, S. 0-00 X. 000 feet to an iron pin in said road; thence, N. 69-56 W. 710.2 feet to an iron pin; thence, N. 9-21 E. 301.6 feet to an iron pin; thence, S. 65- 53 E. 706.8 feet to an iron pin in or near the center of Xxxxx Xxxxx Road, the point of beginning. This being apportion of the property conveyed to the Grantors herein by deed recorded in the R.M.C. Office for Greenville County, South Carolina, in Deed Book 368, at Page 488. (See also Deed Book 871, at Page 158) TMS: P/O 0574.02-01-010.03 EXHIBIT B INVESTMENT CERTIFICATION I , the of Project Stella (the “Company”), do hereby certify in connection with Section 4.03 of the Fee in Lieu of Tax Agreement dated as of , 2021 between Greenville County, South Carolina and the Company (the “Agreement”), as follows:
Xxxxxx and Xxxx X. Xxxxxxx as agents and attorney in fact for Xxxx X. Xxxxx (check applicable box to specify nature of representation and warranty contained in Section 5.4):
Xxxxxx and Xxxx X. Xxxxxx to the Corporation’s Board of Directors (the “Board”) at the Corporation’s 2023 Annual Meeting of Stockholders or any adjournments or postponements thereto (the “2023 Annual Meeting”).
Xxxxxx and Xxxx X. Xxxxxx (together with any other persons obligated at any time with respect to all or any part of the Borrower's obligations to the Bank, the "Guarantors"); and
Xxxxxx and Xxxx X. Xxxxxx, and Xxxxx X. Xxx (as successor-in-interest to Hare, Xxxxxx and Xxxxxx, Inc.) ("Landlord"), executed November 26, 1990, a copy of which is attached hereto as Exhibit A, as amended by First Amendment to Amended and Restated Lease ("First Amendment"), a copy of which is attached hereto as Exhibit B (such Original Lease, as amended by the First Amendment, is hereinafter referred to as the "Prime Lease"). The premises leased to Sublandlord under the Prime Lease are the land, with the building and improvements thereon at 000 Xxxxxx Xxxxxx, Palo Alto, CA 94301, which premises are more particularly described in Article I of the Original Lease as the "Demised Premises" and are shown on Exhibit C; and
Xxxxxx and Xxxx X. Xxxxxx, husband and wife as community property and Xxxxx X. Xxx, a single man. Such parties are bound by an Agreement Between Co-owners dated December 1, 1990 and amended by the First Amendment thereto dated as of July 8, 1991 governing their relationship as co-owners of the Land and Building. A memorandum of such Agreement was recorded February 7, 1991, and a memorandum of such First Amendment to such Agreement shall be recorded promptly.
