PA3679: Asbestos Abatement Waiver Letter
APPLICANT MUST READ THE TERMS AND CONDITIONS PRINTED ON THE REVERSE HEREOF:
(Applicant’s name as it appears on lease or permit), hereby waives the right to seek, reimbursement from the Port Authority for asbestos abatement cost, and waives the right to bring suit against the Port Authority for any cause relating to the presence of asbestos in the premises covered by the lease or permit under which this Tenant Alteration Application is submitted.
Applicant’s Name as it Appears on Lease or Permit
(By)
(Title) / President
Date
For Port Authority Use Only
A. / FacilityB. / TAA No. / Cost Recovery No.
C. / Line Department Project Number
Waiver Letter
Asbestos Removal
Asbestos abatement removal required by law adds significantly to the cost of renovation and/or reconstruction. To offset such costs, the Port Authority has instituted litigation against miners and manufacturers of asbestos containing materials to recover for the property damage caused by the presence of these materials at its facilities.
The Port Authority intends to include expenses incurred by tenants in its lawsuit against the miners and manufacturers of the asbestos products found within the Port Authority buildings for all tenants who provide the following information and assistance within the time frames listed below:
- Access to the area to be abated by the Port Authority and defendants for the purpose of inspection and sampling of asbestos containing materials prior to erection of containment barriers and notification in advance of the start of abatement. This sampling program is outlined in attachment 1.
- Completed building information questionnaire, which will be provided to you, within 90 days of the date of approval of the Tenant Alteration Application.
- Completed property damage information questionnaire, which will be provided to you, within 90 days of the date of completion of the asbestos removal project.
- Additional information when required for the furtherance of the litigation.
- Possible production of witnesses for deposition trial.
Even if tenants do provide information and cooperate with the Port Authority’s litigation, there is no assurance that the Authority will realize a recovery on their behalf. Tenants should, therefore, investigate other alternatives available to them at this time.
If however, the tenant chooses not to comply with the requirements of the litigation summarized above, thereby possibly foregoing the opportunity of being partially or totally reimbursed for expenses incurred, such tenants must complete and sign the waiver on the reverse side of this page and submit with their application.
Regardless of whether or not the tenant cooperates with the litigation, the Port Authority of New York and New Jersey Asbestos Certification Letter must be completed and submitted with PA 531, Tenant Construction or Alteration Application. The Tenant construction or Alteration Application will not be approved without the Certification letter being complete.