8739-14 Authorize asbestos removal and abatement at McKinley

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(b) promptly notify Grantor of any condition or event which constitutes (or which with the giving of notice or lapse of time or both would constitute) a Default; (c) provide notice to the Grantor describing the specifics of, and the actions being taken by the Subgrantee with respect to the occurrence of a Default or an event or circumstance which, with the passage of time or notice or both would constitute a Default. (d) if any claims or proceedings are filed or are threatened to be filed seeking to (a) enjoin or otherwise prevent or declare invalid or unlawful the completion of Subgrantee's Work or operation of the Property or any portion thereof; (b) adversely affect the financial condition of Subgrantee, or the ability of Subgrantee to complete Subgrantee's Work, then Subgrantee will notify Grantor of such proceedings and within ten (10) business days following Subgrantee's notice of such proceedings, Subgrantee will cause such proceedings to be vigorously contested in good faith, and in the event of an adverse ruling or decision, prosecute all allowable appeals therefrom or otherwise proceed as not to threaten Grantor's security, and Subgrantee will, without limiting the generality of the foregoing, resist the entry or seek the stay of any temporary or permanent injunction that may be entered, and use its best efforts to bring about favorable and speedy disposition of all such proceedings. 5.7 Compliance with Restrictive Covenants; Prohibition Against Additional Recordings. Subgrantee will comply with all restrictive covenants, if any, affecting the Property. 5.8 Further Assurance. Subgrantee will, on request of the Grantor, from time to time, execute and deliver such documents as may be necessary to fully consummate the transactions contemplated by this Agreement. 5.9 Sign and Publicity. The Subgrantee shall erect a sign on the construction site (i) stating that financing for the Project has been provided by Grantor through the USEPA BRLF Program and by the Subgrantee, (ii) providing appropriate contacts to obtain information regarding Subgrantee's Work and for reporting any suspected criminal activities at the Property. Such sign shall be erected in accordance with applicable law, including state and local law applicable to outdoor advertising at or on the Property as well as 40 C.F.R. Part 35, Subpart O ( §35.6105 (a)(2)(ii)). USEPA logo must not be displayed in a manner that implies that the USEPA itself is conducting the Project. Instead, the USEPA logo must be accompanied with a statement indicating that the Subgrantee received financial assistance from the USEPA. Grantor, at its expense, shall also have the right to engage in reasonable publicity and public relations pertaining to the Subgrant provided by Grantor. Additionally, Subgrantee shall use its good faith and best efforts to include in any public announcement or media release concerning the general development of the Project a statement that Grantor has provided the financing for the Project. 5.10 Prevailing Wages. Subgrantee expressly acknowledges and agrees that all wages paid to laborers and mechanics employed on the Project, including those hired by subcontractors, shall be paid at not less than the prevailing rates of wages for laborers and mechanics for each class of work 11