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8739-14 Authorize asbestos removal and abatement at McKinley
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8739-14 Authorize asbestos removal and abatement at McKinley
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4/30/2014 11:41:56 AM
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4/30/2014 11:41:28 AM
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(a) The disapproval by Grantor of any of Subgrantee's Work and failure of <br />Subgrantee to commence correction to the satisfaction of Grantor within fifteen <br />(15) days after Grantor's notification to Subgrantee of its disapproval and <br />diligently complete the same; <br />(b) Failure to complete Subgrantee's Work by the Completion Date; an unreasonable <br />delay in completion of Subgrantee's Work or a discontinuance or abandonment of <br />Subgrantee's Work for a period of thirty (30) days, material failure to adhere to <br />the Work Schedule, or in any event a delay in completion of Subgrantee's Work <br />so that the same may not, in the Grantor's judgment, be completed on or before <br />the Completion Date; <br />(c) Upon bankruptcy or insolvency of the Subgrantee, the Project Engineer or any <br />other contractor or subcontractor, failure of Subgrantee to diligently procure a <br />replacement Project Engineer or contractor or subcontractor satisfactory to <br />Grantor; <br />(d) The existence of any fraud, or willful misconduct by or with the acquiescence of <br />Subgrantee which in any way relates to or affects the Grant or the Property; <br />(e) If, at any time, any material representation, statement, report or certificate made in <br />this Agreement or hereafter by Subgrantee is not true and correct, or if at any time <br />any statement or representation made in the Grant Application submitted to <br />Grantor for this Grant is not true and correct; <br />(f) If Subgrantee is enjoined or restrained or in any way prevented by court order <br />from performing any of its obligations hereunder. <br />(g) If Subgrantee assigns its rights or obligations under this Agreement or any Funds <br />advanced hereunder, or if the Property or any interest is conveyed, assigned or <br />otherwise transferred without the prior consent of the Grantor in violation of <br />Section 8.2 hereof. <br />(h) Any act or omission by Subgrantee that causes the USEPA to demand, pursuant to <br />the Cooperative Agreement, that Grantor repay the Grant. <br />(i) Any failure of Subgrantee for a period of thirty (30) days (except as to Defaults <br />specified elsewhere in this Section 6.1 where a shorter period is specified) after <br />written notice from Grantor to Subgrantee to observe or perform any other <br />covenant or obligation set forth in this Agreement; provided, however, in the case <br />of a Default not reasonably capable of cure within said thirty (30) day period, <br />Subgrantee shall have additional time to cure said Default if such party is <br />diligently pursuing such cure. <br />14 <br />
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