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<br />iir!!ffI UNITED STIJTES <br />& POSTIJL SERVICE. <br /> <br />General Conditions to USPS Lease <br /> <br />A.1 <br /> <br />CHOICE OF LAW <br /> <br />SECllON A <br />5C L" f.l~'[}J {j4. rl <br /> <br />This Lease shall be governed by federal law. <br /> <br />A.2 DEFINmONS <br /> <br />As used in this contract, the following terms have the following <br />meanings: <br /> <br />a. .Contracting officer" means the person executing this contract on <br />behalf of the Postal Service, and any other employee who is a properly <br />authorized contracting officer; the term Includes, except as otherwise <br />provided in the contract, the authorized representative of a contracting <br />offICer acting within the limits of the authority conferred upon that person. <br /> <br />b. .Successful offeror; .offeror", .owner", .contractor," or .Lessor. are <br />interchangeable and refer to the party whose proposal is accepted by the <br />Postal SelVice. <br /> <br />c. .Lease' and .agreement. are interchangeable and refer to this <br />document, including all riders and attachments thereto. <br /> <br />A.3 EXECUTION REQUIREMENTS <br /> <br />a. All co-owners and all other persons having or to have a legal interest <br />In the property must execute.the ,Lease. If the offeror is married, the <br />husband or wife of the offeror must also execute the Lease. The offeror <br />must submit adequate evidence of title. <br /> <br />b. If the offeror is a general partnership, each member must sign. <br /> <br />c, If the offeror is a limited partnership, all general partners must sign. <br /> <br />d. Where the offeror is an administrator or an executor of an estate, <br />there must be furnished a certificate of the clerk of the court or certified <br />copy of the court order showing the appointment of the administrator or <br />executor, together with a certified copy of the will of the deceased. If <br />there is no will, or in the event the will of the deceased does not <br />specifICally authorize the administrator or the executor to enter into a <br />contract to lease the proposed quarters, it will generally be necessary to <br />fumish, in addition to the above named items, a certified copy of the <br />court order authorizing such administrator or executor to enter into a <br />lease with the Postal Service. <br /> <br />e, Where the offeror is a trustee, a certified copy of the instrument <br />creating the trust must be fumished together with any other evidence <br />necessary to establish the trustee's authority to lease. <br /> <br />f. Where the offeror is a corporation, leases and lease agreements <br />entered into must have the corporate seal affixed or in place thereof the <br />statement that the corporation has no seal. <br /> <br />g. Where the offeror is a corporation, municipal corporation, fraternal <br />order or society, the Lease must be accompanied by documentary <br />evidence affirming the authority of the agent, or agents, to execute the <br />Lease to bind the municipal corporation, fraternal order or society for <br />which he (or they) purports to act. The usual evidence required to <br />establish such authority is in the form of extracts from the articles of <br />incorporation, or bylaws, or the minutes of the board of directors duly <br />certified by the custodian of such records, under the corporate seal. <br />Such resolutions, when required, must contain the essential stipulations <br />embodied in the Lease. The names and official titles of the officers who <br />are authorized to sign the Lease must appear in the document. <br /> <br />h. Notices. Any notice to Lessor provided under this Lease or under <br />any law or regulation must be in writing and may be hand delivered or <br />mailed to Lessor at the address specified on page 3 of the Lease, or at <br />an address that Lessor has otherwise appropriately directed in writing. <br />Any notice to the Postal Service provided under this Lease or under any <br /> <br />law or regulation must be in writing and may be hand delivered or mailed, <br />addressed to .Contracting Officer, U.S. Postal Service. at the address <br />specified on page 3 of the Lease, or at an address that the Postal <br />Service has otherwise directed in writing. <br /> <br />A.4 MORTGAGEE'S AGREEMENT <br /> <br />If there is now or will be ail mrt MJon th ! which is or will be <br />recorded prior to the rBi f e eror must notify the <br />contracting officer of th f e s h gage and, unless in <br />his sole discretion the t . iv e requirement, the <br />offeror must fumish a Mortgagee's Agreement, which will consent to this <br />Lease and shall provide that, in the event of foreclosure, mortgagee, <br />successors, and assigns shall cause such foreclosures to be subject to <br />the Lease. <br /> <br />A.S EQUAL OPPORTUNITY <br /> <br />a. The contractor may not discriminate against employees or applicants <br />because of race, color, religion, sex, or national origin. The contractor <br />will take affirmative action to ensure that applicants are employed, and <br />that employees are treated during employment, without regard to race, <br />color, religion, sex, or national origin. This action must include, but not <br />be limited to, employment, upgrading, demotion, or transfer; recruitment <br />or recruitment advertising; layoff or termination: rates of payor other <br />forms of compensation; and selection for training, Including <br />apprenticeship. The contractor agrees to post in conspicuous places, <br />available to employees and applicants, notices provided by the <br />contracting officer setting forth the provisions of this clause. (IF Af>PLjGl,b( 1:) <br /> <br />b. The contractor must, in all solicitations or advertisements for ,y.! <br />employees placed by it or on its behalf, state that all qualified applicants t6 <br />will be considered for employment without regard to race,.co~r, religion, <br />sex. or national origin. , . F- ~ p~(", c::.4,..b t..e ) .J.N tZ' <br /> <br />c. The contractor must send to each union or workers' representative <br />with which the contractor has a collective bargaining agreement or other <br />understanding, a notice, provided by the contracting officer, advising the <br />union or workers' representative of the contractor's commitments under <br />this clause, and must post copies of the notice in conspicuous plac~ 1//(."'./ <br />available to employees and applicants. (It=: ~ppL.lcAb!~) ..JtI + <br /> <br />d, The contractor must comply with all provisions of Executive Order tt <br />(EO) 11246 of September 24, 1965, as amended, and of the rules, I '\ <br />regulations, and relevant orders of the Secretary of labor. IF' AppU (:'AI: '("..-! <br /> <br />e. The contractor must fumish all information and reports required by $ <br />the Executive order, and by the rules, regulations. and orders of the <br />Secretary, and must permit access to the contractor's books, records, <br />and accounts by the Postal Service and the Secretary for purposes of <br />investigation to ascertain compliance with the~e. 9"19f. ...regulations, and <br />orders. lIt: ~9"" c.4b/-e) ~ F6 <br /> <br />f. If the contractor fails to comply with this clause or with any of the <br />said rules. regulations, or orders, this contract may be canceled. <br />terminated, or suspended, in whole or in part; the contractor may be <br />declared ineligible for further contracts in accordance with the Executive <br />order; and other sanctions may be imposed and remedies invoked under <br />the Executive order, or by rule, regulation, or order of the Secr9f'ajY, or <br />as otherwise provided by law. (\F ~t..ccAblC') ~ (~ <br /> <br />g. The contractor must insert this clause, Including this paragraph g, in <br />all subcontracts or purchase orders under this contract unless exempted <br />by Secretary of Labor rules, regulations, or orders issued under the <br />Executive order. The contractor must take such action with respect to <br />any such subcontract or purchase order as the Postal Service may direct <br />as a means of enforcing the terms and conditions of this clause <br />(including sanctions for noncompliance), provided, however, that if the <br />contractor becomes involved in, or is threatened with, litigation as a <br /> <br />RETERMSS (v2.2, June 1999) <br /> <br />A-1 <br /> <br />~1 <br />