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<br />~ UNITEDSTJJTES <br />U POSTIJLSERVICE. <br /> <br />General Conditions to USPS Lease <br /> <br />b. " heat ~f . =!tS maintain a unifonn heating <br />temperature f in" osed portions of the demised <br />T~e Postal Service may sublet all or any part of the premises or assign premises du n . e t ase. <br />thiS lease but shall not be relieved from any obligation under this lease . .. " <br />by reason of any subletting or assignment. c. If heating system IS fumlshed - Lessor must fumlsh heating system <br />In good working order and, if maintained by lessor. will be maintained in <br />A.21 ALTERAnON~ j'J\t~ THE c.o,.,<iE).JT OF _./k'Jrccordance with 6EESEChed hereto. Any <br />TH~ t...e'"S SD2-, ..>>' ('tj'nvestigative or re t I a release of fuel from <br />The Postal Service shall have the right to make alterations, attach the system, includ a s II the responsibility of the <br />fixtures and erect additions, structures or signs in or upon the premises Lessor. unless the release is cause by the act or negligence of the <br />hereby leased (provided such alterations, additions, structures, or signs Postal Service. <br />shall not be detrimental to or inconsistent with the rights granted to other <br />tenants on the property or in the building in which said premises are <br />located); which fixtures, additions or structures so placed in, upon or <br />attached to the said premises shall be and remain the property of the <br /> <br />identified on the premises, the Lessor agrees to remove such materials <br />or substances upon notification by the U. S. Postal Service at Lessor's <br />sole cost and expense in accordance with EPA anellor State guidelines. <br />If ACBM is subsequently found in the building which reasonably should <br />have been detennined, identified, or known to the Lessor, the Lessor <br />agrees to conduct. at Lessor's sole expense, an asbestos survey <br />pursuant to the standards of the Asbestos Hazard Emergency Response <br />Act (AHERA), establish an Operations and Maintenance (O&M) plan for <br />asbestos managemeht, and provide the survey report and plan to the <br />Postal Service. If the Lessor fails to remove any friable asbestos or <br />hazardous/toxic materials or substances, or complete an AHERA <br />asbestos survey and D&M plan, the Postal Service has the right to <br />accomplish the work and deduct the cost plus administrative costs, from <br />future rent payments or recover these costs from Lessor by other means, <br />or may, at its sole option, cancel this lease. In addition, the Postal <br />Service may proportionally abate the rent for any periOd the premises, or <br />any part thereof, are detennined by the Postal Service to have been <br />rendered unavailable to it by reason of such condition. <br /> <br />The remainder of this clause applies if this lease is for premises not <br />previously occupied by the Postal Service. <br /> <br />By execution of this Lease the Lessor certifies: <br /> <br />1, the property and improvements are free of all contamination from <br />petrOleum products or any hazardous/toxic or unhealthy materials or <br />substances, Including friable asbestos materials, as defined by <br />applicable State or F9derallaw; <br /> <br />2. there are no undisclosed underground storage tanks or <br />associated piping, ACBM. radon, lead-based paint, or lead piping or <br />solder in drinking water systems, on the property; and <br /> <br />3. it has not received, nor is it aware of. any notification or other <br />communication from any govemmental or regulatory entity <br />conceming any environmental condition, or violation or potential <br />violation of any local, state, or federal environmental statute or <br />regulation. existing at or adjacent to the property. <br /> <br />The Lessor hereby indemnifies and holds hannless the Postal Service <br />and its officers, agents, representatives, and employees from all claims, <br />loss, damage, actions, causes of action, expense, fees andlor liability <br />resulting from, brought for, or on account of any violation of this clause. <br /> <br />A.18 <br /> <br />ADVER11SING OF CONTRACT AWARDS <br /> <br />Except with the contracting officer's prior approval, the contractor agrees <br />not to refer in its commercial advertising to the fact that it was awarded a <br />Postal Service contract or to imply in any manner that the Postal Service <br />endorses its products. <br /> <br />A.19 <br /> <br />RECORDING <br /> <br />Recording Not Required <br /> <br />$p <br />DE"L.ElE: <br /> <br />A.20 <br /> <br />SUBLEASE - <br /> <br />Postal Service and may be removed or otherwise disposed of by the <br />Postal Service. Prior to expiration or tennination of this lease the Postal <br />Service may remove such alteretions and improvements and restore the <br />premises to as good condition as that existing at the time of entering <br />upon the same under the lease, reasonable and ordinary wear and tear <br />and damages by the elements or by circumstances over which the <br />Postal Service has no control, excepted. If however, at the expiration or <br />tennination of the lease or any renewal or extension thereof, the Postal <br />Service elects not to remove such alterations andlor improvements, said <br />alterations and/or improvements shall become the property of the Lessor <br />and any rights of restoration are waived. <br /> <br />A.22 APPLfCABLE CODES AND ORDINANCES <br /> <br />The lessor, as part of the rental consideration, agrees to comply with all <br />codes and ordinances applicable to the ownership and operation of the <br />building in which the rented space is situated and to obtain all necessary <br />pennlts and related items at no cost to the Postal Service. <br /> <br />A.23 DAMAGE OR DESTRUcnON OF PREMISES <br /> <br />If the demised premises or any portion thereof are damaged or <br />destroyed by fire or other casualty, Acts of God, of a public enemy, riot <br />or insurrection or are otherwise determined by the Postal Service to be <br />unfit for use and occupancy, the Postal Service may: <br /> <br />a. tennlnate this lease as of the date the premises become unfit for use <br />and occupancy, or <br /> <br />b. require the Lessor to re!~~e premises as necessary to <br />restore them ~ no n e satisfaction of the Postal <br />Service. For he s, r any part thereof, are unfit for <br />use and occu I in proportion to the area <br />detennined by the Postal Service to be untenantable. Unfitness for use <br />does not include unsuitability arising from such causes as design, size, <br />or location of the premises, or <br /> <br />c. accom:e:t~'r ~~tal occupancy and deduct all <br />such costs, u . str"!: b1_v[;;'" future rents. <br /> <br />A.24 LE R L AnONS <br /> <br />The Lessor's obligations regarding the services to be provided are further <br />defined as follows: <br /> <br />a. If heating system and fuel are furnished - Lessor must fumish <br />heating system together with all fuel required for proper operation of the <br />system during the continuance of the Lease. The system must be in <br />good working order and, if maintained by the Lessor, will be maintained <br />in accordance with the Maintenance Rider attached hereto. Any <br />Investigative or remediation cost associated with a release of fuel from <br />the system. including any fuel tank, shall be the responsibility of the <br />Lessor, unless the release Is cause by the act or negligence of the <br />Postal Service. <br /> <br />d. "'ighting fixtures and power are furnished - lessor must provide light <br />fixtures in good working order as well as pay all recurring electric bills. <br /> <br />RETERMSS (v2.2, June 1999) <br /> <br />A-5 <br /> <br />~ <br />/Itg <br />