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<br />;;;'!!!!11 UNITED STIJTES
<br />U POSTIJLSERVICE.
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<br />General Conditions to USPS Lease
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<br />result, the contractor may request the Postal Service to enter into the
<br />litigation to protect the il]tlirestf of the_Pos~ ,$ervice.
<br />(.I.... ~~pl.,<:...P\-e) ..v' F6
<br />h. Disputes under this clause will be pe~y}!,e procedures in 41
<br />CFR 60-1.1. (, \.1=' ~ppLlCo4-PJ-c') j^l rq;
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<br />A.6 FAClLmES NONDISCRIMINATION
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<br />a. As used in this clause. the term .facility" means stores, shops,
<br />restaurants, cafeterias, restrooms, and any other facility of a public
<br />nature in the building in which the space covered by this Lease is
<br />located.
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<br />b. The Lessor agrees that he will not discriminate by segregation or
<br />otherwise against any person or persons because of race, religion, color,
<br />age, sex, or national origin in furnishing, or by refusing to fumish, to such
<br />person or persons the use of any facility Including any and all services,
<br />privileges, accommodations, and activities provided thereby.
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<br />c. It is agreed that the Lessor's noncompliance with the provisions of
<br />this clause shall constitute a material breach of this Lease. In the event
<br />of such noncompliance, the Postal Service may take appropriate action
<br />to enforce compliance, may terminate this lease, or may pursue such
<br />other remedies as may be provided by law. In the event of termination,
<br />the Lessor shall be liable for all excess costs of the Postal Service in
<br />acquiring substitute space, including but not limited to the cost of moving
<br />to such space.
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<br />d. The Lessor agrees to include, or to require the inclusion of the
<br />foregoing provisions of this clause (with the terms "Lessor" and "Lease"
<br />appropriately modified) in every agreement or concession pursuant to
<br />which any person other than the Lessor operates or has the right to
<br />operate any facility, The Lessor also agrees that it will take such action
<br />with respect to any such agreement as the Postal Service may direct as
<br />a means of enforcing this clause, including but not limited to termination
<br />of the agreement or concession. (tF .A ppl..ICAb\e) j}..//~
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<br />A.7 RESERVED
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<br />A.8 CONTINGENT FEES
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<br />a. The contractor warrants that no person or selling agency has been
<br />employed or retained to solicit or obtain this contract for a commission,
<br />percentage, brokerage, or contingent fee, except bona fide employees or
<br />bona fide, established commercial or selling agencies employed by the
<br />contractor for the purpose of obtaining business.
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<br />b. For breach or violation of this warranty, the Postal Service has the
<br />right to annul this contract without liability or to deduct from the contract
<br />price or otherwise recover the full amount of the commission,
<br />percentage, brokerage fee, or contingent fee.
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<br />c. Licensed real estate agents or brokers having listings on property for
<br />rent, in accordance with general business practice, and who have not
<br />obtained such licenses for the sole purpose of effecting this lease, may
<br />be considered as bona fide employees or agencies within the exception
<br />contained in this clause.
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<br />A.9 ASSIGNMENT OF CLAIMS
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<br />a. If this contract provides for payments aggregating $10,000 or more,
<br />claims for moneys due or to become due from the Postal Service under
<br />it may be assigned to a bank, trust company, or other financing
<br />institution, including any federal lending agency, and may thereafter be
<br />further assigned and reassigned to any such institution. Any assignment
<br />or reassignment must cover all amounts payable and must not be made
<br />to more than one party, except that assignment or reassignment may be
<br />made to one party as agent or trustee for two or more parties
<br />participating in financing this contract. No assignment or reassignment
<br />will be recognized as valid and binding upon the Postal Service unless a
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<br />written notice of the assignment or reassignment, together with a true
<br />copy of the instrument of assignment, is filed with:
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<br />1. The contracting officer;
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<br />2. The surety or sureties upon any bond; and
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<br />3. The office, if any, designated to make payment, and the
<br />contracting officer has acknowledged the assignment in writing.
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<br />b. Assignment of this contract or any interest in this contract other than
<br />in accordance with the provisions of this clause will be grounds for
<br />termination of the contract for default at the option of the Postal Service.
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<br />c. Nothing contained herein shall be construed so as to prohibit transfer
<br />of ownership of the demised premises, provided that: 1. such transfer is
<br />subject to this agreement; and 2. both the original lessor and the
<br />successor lessor execute the standard Lease Assignment and
<br />Assumption form to be provided by the USPS Contracting Officer.
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<br />A. 1 0 COMPLIANCE WITH OSHA STANDARDS
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<br />The Lessor must (i) comply with applicable Occupational Safety and
<br />Health Standards, title 29 Code of Federal Regulations, Part 1910,
<br />promulgated pursuant to the authority of the Occupational Safety and
<br />Health Act of 1970; (i1) comply with any other applicable federal, state,
<br />or local regulation goveming workplace safety to the extent they are not
<br />in conflict with (I); and (iii) take all other proper precautions to protect the
<br />health and safety of (a) any laborer or mechanic employed by the
<br />Lessor in performance of this agreement, (b) Postal Service employees,
<br />and (c) the public. The Lessor must include this clause in all
<br />subcontracts hereunder and to require its inclusion in all subcontracts of
<br />a lower tier. The term .Lessor" as used in this clause in any subcontract
<br />must be deemed to refer to the subcontractor.
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<br />A.11 EXAMINATION OF RECORDS ,Ii€ .4t>T7e"-J [)It:;> ;
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<br />a. The Postal Service and its authorized representatives will, until three i~
<br />years alter final payment under this contract, or for any shorter period i
<br />specified for particular records, have access to and the right to examine I
<br />any directly pertinent books, documents, papers, or other records of th~. L i
<br />contractor involving transactions related to this contract(\ r A ppU~ fAi
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<br />b. The contractor agrees to include in all subcontracts under this ~
<br />contract a provision to the effect that the Postal Service and its I
<br />authorized representatives will, until three years after final payment
<br />under the subcontract, or for any shorter specified period for particular
<br />records, have access to and the right to examine any directly pertinent
<br />books, documents, papers, or other records of the subcontractor
<br />involving transactions related to the subcontract. The term .subcontract"
<br />as used in this clause excludes: .
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<br />1. Purchase orders; and
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<br />2. Subcontracts for public utility services at rates establish~lor
<br />uniform applicability to the general public. L f F ,a..PPt.lCAb'..1if' rrt
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<br />A.12 YEAR 1OtI>>~~(ZGOPERTY CONTRACTS)
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<br />The contractoUr~ L.tl;. bJldi""ystems required under this
<br />contract (including, but not limited to. HV AC, electrical, lighting,
<br />elevator, or security/alann systems) which contain or are managed,
<br />govemed, or regulated in any manner by date-sensitive computer
<br />hardware or software, will suffer no failure, irregularity, or interruption of
<br />service based on failure accurately to process date data from, into, and
<br />between the twentieth and twenty-first centuries, including recognizing
<br />the year 2000 as a leap year. For breach of this warranty, the Postal
<br />Service may require the contractor to repair or replace those portions of
<br />any building system not performing as stated above.
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<br />The Postal Service may enforce this clause prior to January 1, 2000. if
<br />testing of any system before that date results in a failure. irregularity, or
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<br />RETERMSS (v2.2, June 1999)
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