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BNL Prime Contract No. DE-SC0012704

Part II, Section I. Contract Clauses

Clause I.148 – DEAR 970.5231-4 – Preexisting Conditions (Dec 2000) (Alternate I) (Dec 2000)

Last Revised: 0/0/0000  |  Per Mod #000

(a) Any liability, obligation, loss, damage, claim (including without limitation, a claim involving strict or absolute liability), action, suit, civil fine or penalty, cost, expense or disbursement, which may be incurred or imposed, or asserted by any party and arising out of any condition, act or failure to act which occurred before January 5, 2015, in conjunction with the management and operation of Brookhaven National Laboratory, shall be deemed incurred under Contract No. DE-AC02-98CH10886.

(b) The obligations of the Department of Energy under this clause are subject to the availability of appropriated funds.