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Facts: An owner signed a lease with a tenant for space to operate a convenience store. After the tenant took possession of the space it notified the owner that the owner’s obligation to remove or remediate any asbestos in the building was waived. The tenant began making improvements to the space; in the process of construction, some drilling work released asbestos into the building. The owner undertook expensive asbestos removal procedures that totaled nearly $170,000 to remediate the problem the tenant’s construction had created.
