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Lease No. A07-90—L-01066
<br /> AWOS CDP, 9TESVILLE, ARKANSAS
<br /> 14. PROMPT PAYMENT 17. N(rn FICATION OF PCB HAZARDOUS CONDITION
<br /> a Government will make payments under the terms and conditions The IAtssor shall promptly notify the Contracting Officer and the tenon
<br /> AFNci ed in this clause.Payment shall be considered as being made on the agency official of any leaks, spills, or other hazardous conditions whicl
<br /> a c eck is dated or an electronic funds transfer is made. involve PCBs in any area of the building.
<br /> (a) R tal payments. Rent shall be paid in arrears and will be due on
<br /> the first w kday of each payment period,and only as provided for by the 18. FAII.URE IN PERFORMANCE.
<br /> lease.
<br /> (1) Whe the date for commencement of rent falls on the 15th day The covenant to pay rent and the covenant to provide any service
<br /> of the month or arlier, the initial rental payment under this contract utility,maintenance,or repair required under this lease are dependent.It
<br /> shall become due o the first workday of the month following the period in the event of failure by the Lessor to provide any of these items, th,
<br /> which the commenc ent of the rent is effective. Government may by contract or otherwise perform the service, mainte
<br /> (2) When the d e for commencement of rent falls after the 15th nance,utility,or repair,and charge to the Lessor any cost incurred by th,
<br /> day of the month, the itial rental payment under this contract shall Government that is related to the performance of such service
<br /> ill
<br /> become due on the first w kday of the second month following the period maintenance, etc., including any administrative costs, and deduct sucl
<br /> in which the commencemet of the rent is effective. cost from any rental payments. Alternately,the Government may reduce
<br /> (b) Interest Penalty. rental payments by the corresponding value of the contract requiremen'
<br /> (1) An interest penalt shall be paid automatically by the not performed,as determined by the Contracting Officer.These remedie:
<br /> Government,without request fro the Contractor,if payment is not made are not exclusive and are in addition to any other remedies which may bt
<br /> by the due date. available under this contract or in the law.
<br /> (2) The interest penalty shal at the rate established by the
<br /> Secretary of the Treasury under Sectio 12 of the Contract Disputes Act of 19. LESSOR'S SUCCESSORS
<br /> 1978 (41 U.S.C. 611) that is in effect o the payment date. This rate is
<br /> referred to as the"Renegotiation Board In rest Rate,"and it is published The terms and provisions of this lease and the conditions herein bin<'
<br /> in the Federal Register semiannually on or bout January 1 and July 1. the Lessor and the Lessor's heirs, executors, administrators, successors
<br /> The interest penalty shall accrue daily on the ayment amount approved and assignees.
<br /> by the Government and be compounded in 3 y increments inclusive
<br /> from the first day after the due date through the ayment date. AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS
<br /> (3) Interest penalties will not continue to accr a after the filing of a
<br /> claim for such penalties under the clause at 52.233-1,Nsputes,or for more ( plicable to leases which exceed$2,500.)
<br /> than 1 year. Interest penalties of less than $1.00 needt be paid. (a) General.
<br /> (4) Interest penalties are riot required on payme delays due to U Regarding any position for which the employee or applicant for
<br /> disagreement between the Government and Contractor ove the payment employ nt is qualified, the Contractor shall not discriminate against
<br /> amount or other issues involving contract compliance or n amounts any empl ee or applicant because of physical or mental handicap. The
<br /> Wrarily withheld or retained in accordance with the to s of the Contractor grees to take affirmative action to employ, advance in
<br /> ract.Claims involving disputes,and any interest that maybe ayable, employment, and otherwise treat qualified handicapped individual:
<br /> will be resolved in accordance with the clause at 52.233-1,Dispute (FAR without discri ination based upon their physical or mental handicap in
<br /> 52.232-25)(APR 1989) all employment ractices such as—
<br /> (i) Empl< menta
<br /> 15. INSPECTION OF PREMISES—DEVIATION (ii) Upgra g;
<br /> At all times after receipt of offers, prior to or after acceptance of any
<br /> (iii) Demotio or transfers;
<br /> offers, or during any construction, remodeling, or renovation work, the (iv) Recruitme t;
<br /> premises and the building or any part thereof, upon reasonable and (v) Advertising;
<br /> proper notice,must be accessible for inspection by the Contracting Officer, (vi) Layoff or tert 'nation;
<br /> or by architects, engineers, or other technicians representing him, to (vii) Rates of pay or ther forms of compensation;and
<br /> determine whether the essential requirements of the solicitation or the (viii)Selection for tral ing, including apprenticeship.
<br /> lease requirements are met. Additionally, the Government reserves the (2) The Contractor agree to comply with the rules,regulations,and
<br /> right,upon reasonable notice, to: - relevant orders of the Secreta of Labor (Secretary) issued under the
<br /> (a) inspect and perform bulk sampling and analysis of suspected Rehabilitation Act of 1973(29 U 793)(the Act),as amended.
<br /> asbestos-containing materials: (b) Postings.
<br /> (b) monitor the air for asbestos fibers in the space offered or under (1) The Contractor agrees top t employment notices stating—
<br /> lease as well as other areas of the building deemed necessary by the (i) the Contractor's obligatio under the law to take affirmative
<br /> Contracting Officer; action'to employ and advance in em loyment qualified handicapped
<br /> (c) inspect the premises for any leaks, spills, or other potentially individuals and
<br /> hazardous conditions which may involve tenant exposure to hazardous or (ii) the rights of applicants and a loyees.
<br /> toxic substances(e.g. PCBs); (2) These notices shall be posted in onspicuous places that are
<br /> (d) inspect the site upon which the space is offered for any current or available to employees and applicants for emp yment.They shall be in a
<br /> past hazardous waste operations, and ensure that appropriate mitigative form prescribed by the Director, Office of Fed al Contract Compliance
<br /> actions were taken to alleviate any environmentally unsound activities in Programs,Department of Labor(Director),and pr vided by or through the
<br /> accordance with Federal,state,and local regulations. Contracting Officer.
<br /> (3) The Contractor shall notify each labor unt n or representative
<br /> 16. TERMINATION — POLYCHLORINATED BIPHENYLS (PCBs), AsRE.sTOs, OR OTHER of workers with which it has a collective bargaining - reement or other
<br /> HAZARDOUS MATERIALS contract understanding, that the Contractor is bound y the terms of
<br /> Section 503 of the Act and is committed to take affir tive action to
<br /> Ctit is discovered that PCBs,asbestos,or other hazardous materials are employ and advance in employment qualified physically nd mentally
<br /> nt, the Government reserves the right to require the Lessor, at no handicapped individuals.
<br /> o the Government,to remove such materials present in the building, (c) Noncompliance. If the Contractor does not comp] with the
<br /> in accordance with EPA regulations,or alternately the Government may requirements of this clause,appropriate actions may be taken der the
<br /> terminate the lease.This is in addition to other remedies available to the rules,regulations,and relevant orders of the Secretary issued pur ant to
<br /> Government. the Act.
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