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<br />~ UNITED STI!TES
<br />~ POSTI!L SERVICE.
<br />
<br />General Conditions to USPS Lease
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<br />8. CLAIMS AND DISPUTES
<br />a. This contract is subject to the Contract Disputes Act of 1978 (41 U.S.C. 601-613) ("the Act").
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<br />b, Except as provided in the Act. all disputes arising under or relating to this contract must be resolved under this clause.
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<br />c, "Claim." as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the
<br />payment of money in a sum certain. the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract,
<br />However. a written demand or written assertion by the Landlord seeking the payment of money exceeding $100,000 is not a claim under the Act until
<br />certified as required by subparagraph d below. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a
<br />claim under the Act. The submission may be converted to a claim under the Act by complying with the submission and certification requirements of
<br />this clause. if it is disputed either as to liability or amount or is not acted upon in a reasonable time.
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<br />d, A claim by the Landlord must be made in writing and submitted to the contracting officer for a written decision, A claim by the Postal Service
<br />against the Landlord is subject to a written decision by the contracting officer. For Landlord claims exceeding $100.000, the Landlord must submit
<br />with the claim the following certification:
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<br />"I certify that the claim is made in good faith, that the supporting data are accurate and complete to the best of my knowledge and belief, that
<br />the amount requested accurately reflects the contract adjustment for which the Landlord believes the Postal Service is liable. and that I am
<br />duly authorized to certify the claim on behalf of the Landlord."
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<br />The certification may be executed by any person duly authorized to bind the Landlord with respect to the claim.
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<br />e, For Landlord claims of $100.000 or less, the contracting officer must, if requested in writing Of the Landlord, render a decision within 60 days of the
<br />request. For Landlord-certified claims over $100,000. the contracting officer must. within 60 days. decide the claim or notify the Landlord of the date
<br />by which the decision will be made,
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<br />f, The contracting officer's decision is final unless the Landlord appeals or fries a suit as provided in the Act.
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<br />g, V\lhen a claim is submitted by or against a Landlord, the parties by mutual consent may agree to use an altemative dispute resolution (ADR)
<br />process to assist in resolving the claim, A certification as described in subparagraph d of this clause must be provided for any claim, regardless of
<br />dollar amount, before ADR is used,
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<br />h, The Postal Service will pay interest on the amount found due and unpaid from:
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<br />1, the date the contracting officer receives the claim (properly certified if required); or
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<br />2. the date payment otherwise would be due, if that date is later. until the date of payment.
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<br />Simple interest on claims will be paid at a rate determined in accordance with the Act.
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<br />j. The Landlord must proceed diligently with performance of this contract. pending final resolution of any request for relief, claim, appeal. or action
<br />arising under the contract, and comply with any decision of the contracting officer.
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<br />9. HAZARDOUSfTOXIC CONDITIONS CLAUSE
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<br />"Asbestos containing building material" (ACBM) means any material containing more than 1 % asbestos as determined by using the method specified
<br />in 40 CFR Part 763, Subpart E, Appendix E, "Friable asbestos material" means any ACBM that when dry. can be crumbled, pulverized, or reduced to
<br />powder by hand pressure.
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<br />The Landlord must identify and disclose the presence, location and quantity of all ACBM or presumed asbestos containing material (PACM) which
<br />includes all thermal system insulation. sprayed on and troweled on surfacing materials, and asphalt and vinyl flooring material unless such material
<br />has been tested and identified as non-ACBM. The Landlord agrees to disclose, to the best of its knowledge, any information conceming the presence
<br />of lead-based paint, radon above 4 pCi/L, and lead piping or solder in drinking water systems in the building, to the Postal Service,
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<br />Sites cannot have any contaminated soil or water above applicable federal, state or local action levels or undisclosed underground storage tanks.
<br />Unless due to the act or negligence of the Postal Service. if contaminated soil. water. underground storage tanks or piping or friable asbestos material
<br />or any other hazardous/toxic materials or substances as defined by applicable Local, State or Federal law are subsequently identified on the
<br />premises, the Landlord agrees to remove such materials or substances upon notification by the Postal Service at Landlord's sole cost and expense in
<br />accordance with EPA and/or State guidelines; prior to accomplishing this task. Landlord must seek written approval by the USPS Contracting Officer
<br />of the contractor and scope of work, such approval not to be unreasonably withheld. If ACBM is subsequently found in the building which reasonably
<br />should have been determined, identified, or known to the Landlord, the Landlord agrees to conduct, at Landlord's sole expense. an asbestos survey
<br />pursuant to the standards of the Asbestos Hazard Emergency Response Act (AHERA), establish an Operations and Maintenance (O&M) plan for
<br />asbestos management, and provide the survey report and plan to the Postal Service. If the Landlord fails to remove any friable asbestos or
<br />hazardous/toxic materials or substances. or fails to complete an AHERA asbestos survey and O&M plan, the Postal Service has the right to
<br />accomplish the work and deduct the cost plus administrative costs, from future rent payments or recover these costs from Landlord by other means,
<br />or may, at its sole option. cancel this Lease. In addition, the Postal Service may proportionally abate the rent for any period the premises, or any part
<br />thereof, are determined by the Postal Service to have been rendered unavailable to it by reason of such condition.
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<br />gencond Oct 2006
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<br />Gc-2
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