8739-14 Authorize asbestos removal and abatement at McKinley

Home Browse Search

permits as required by the USEPA, the OEPA, or by any other applicable governmental department, agency or unit; and (2) Such other items as may be required by Grantor, including, without limitation, evidence that Subgrantee's Work has been completed to the satisfaction of the Grantor. 4.4. Amount of Disbursements. Subject to the provisions of this Agreement Grantor shall make Disbursements on a reimbursement basis up to the aggregate amount of the Eligible Costs specified in the Budget for the purposes and in the amounts described therein, and not in excess of the budgeted amount thereof, provided, however, that in no event shall the total of all Disbursements exceed the undisbursed, original Grant Amount, and further provided that the Grantor may withhold up to ten (10 %) percent of each payment requested as a retainage until the Grantee has completed the Project. If the Grantor deems it necessary or desirable to do so the Grantor may disburse all or any portion of any Disbursements by check either made payable directly to any party who is to be paid from such Disbursement or by check made payable jointly to the Subgrantee and such parry. In the event a dispute arises with respect to any request for Disbursement or Certificate for Payment, the Grantor shall have the right without notice, to delay the Disbursement until the dispute has been resolved. 4.5. Governmental Charges. Notwithstanding anything to the contrary herein, Grantor may withhold from the final disbursement any amount required by any governmental authority for completion of improvements, or maintenance of same, as required by such governmental authority. 4.6. Provisions Applicable to All Disbursements. By execution of this Agreement, the Subgrantee authorizes the Grantor to make Disbursements to third parties upon the request of the Subgrantee and the Subgrantee agrees that: (a) the Grantor is not acting as agent or trustee for the Subgrantee; (b) the Grantor will not be held accountable for any Disbursement made in good faith; (c) Grantor may make Disbursements to Subgrantee or to third parties directly without a Certificate for Payment for the satisfaction of the conditions of this Agreement, and any amounts so applied shall reduce the amount of the Subgrant available to Subgrantee. ARTICLE V FURTHER OBLIGATIONS OF SUBGRANTEE 5.1 Completion of Subgrantee's Work. Subgrantee agrees that Subgrantee's Work will be commenced on or before the Commencement Date and prosecuted with due diligence and will be