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<br />5,i�'T/.PT1E�'��. General Conditions to USPS Lease
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<br />Facility Name/Location
<br />Miami - Sunny Isles Beach Finance (115902-001) County: Dade
<br />18070 COLLINS AVE, SUNNY ISLES BEACH FL 33160-2723 Lease: Q90000541565
<br />including all verified lab data and all consultant reports, studies and analysis to Postal Service as soon as they
<br />become available, but no later than the 7 business days after receipt. In addition, if requested by Postal Service,
<br />Landlord and Landlord's Agents shall promptly make available to Postal Service access to all raw data, whether or
<br />not verified. Landlord also shall provide Postal Service with copies of all correspondence, information and
<br />documents submitted by or received by Landlord or Landlord's Agents from any third party or any governmental
<br />authority relating to the work promptly upon its receipt and/or submission by Landlord or Landlord's Agents, Postal
<br />Service shall be permitted to have representatives present during all work, and Landlord and Landlord's Agents
<br />shall provide to Postal Service samples, copies of the results of on-site testing and visual inspections, and access
<br />at all reasonable times to all samples and tests taken or conducted. If non -friable ACM, whether disclosed by the
<br />Landlord prior to execution of this Lease or subsequently found in or on the Property after execution of this Lease,
<br />should become friable due to any cause other than the negligence of the Postal Service, the removal, abatement,
<br />containment, repair, remediation, replacement or environmental response to such friable ACM shall be performed
<br />by the Landlord at the Landlord's sole cost and expense. If ACM in or on the Property or the Building was rendered
<br />friable due to the negligence of the Postal Service (including any such negligence of the Postal Service under any
<br />prior lease or leases of the Premises), the Postal Service shall be liable for the removal, abatement, containment,
<br />repair, remediation, replacement or environmental response to such friable ACM at the Postal Service's sole cost
<br />and expense. The parties agree as follows: (1) neither of the following shall constitute the negligence of the Postal
<br />Service: (a) reasonable and ordinary wear and tear and (b) damages by the elements or by circumstances over
<br />which the Postal Service has no control; (2) to the extent a failure by the Postal Service to maintain the
<br />improvements containing ACM in accordance with the Postal Service's obligations under the Maintenance Rider in
<br />the current or a prior lease of the Premises causes asbestos in ACM in the Premises to become friable, such failure
<br />shall constitute the negligence of the Postal Service hereunder, and the Postal Service shall be liable for the
<br />removal, abatement, containment, repair, remediation, replacement or environmental response to such friable ACM
<br />at the Postal Service's sole cost and expense; and (3) to the extent a failure by the Landlord to maintain the
<br />improvements containing ACM in accordance with the Landlord's obligations under the Maintenance Rider in the
<br />current or a prior lease of the Premises causes asbestos in ACM in the Premises to become friable, such failure
<br />shall constitute the negligence of the Landlord hereunder, and the Landlord shall be liable for the removal,
<br />abatement, containment, repair, remediation, replacement or environmental response to such friable ACM at the
<br />Landlord's sole cost and expense.
<br />(iv) If the Landlord fails to remove, or otherwise respond to in accordance with Environmental Law, any friable
<br />asbestos materials or Environmental Contamination, or fails to complete an AH ERA asbestos survey and O&M
<br />plan with such diligence as will ensure its completion within the time specified in Postal Service notice to Landlord
<br />(or any extension thereof as may be granted at the sole discretion of the Postal Service), or fails to complete the
<br />work within said time, as provided in the Maintenance Rider, the Postal Service shall have the right to perform the
<br />work (by contract or otherwise), and withhold the cost , from rent payments
<br />due or to become due or to become due under this Lease (or from other amounts owed to Landlord by the Postal
<br />Service or federal government). Completion of the work by Postal Service shall not relieve Landlord of its
<br />responsibility to perform the work in the future. In addition, the Postal Service may proportionally abate the rent for
<br />any period the premises, or any part thereof, are determined by the Postal Service to have been rendered
<br />untenantable or unavailable to it by reason of such condition. Alternatively, if Landlord fails to prosecute the work
<br />as required and the Postal Service Contracting Officer determines that the premises are untenantable or unfit for
<br />use or occupancy, with reasonable discretion, cancel this Lease in its entirety without liability. The remedies
<br />provided in this section are non-exclusive and are in addition to any remedies available to the Postal Service under
<br />applicable law. SEE ADDENDUM #21
<br />e. Landlord Indemnification of Postal Service. Landlord hereby indemnifies and holds harmless the
<br />Postal Service and its officers, agents, representatives, and employees from and against any and all claims, losses,
<br />damages, actions, causes of action, expenses, fees and/or liability resulting from, brought for, or on account of any
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