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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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ARTICLE VII <br />GRANTOR'S REMEDIES UPON DEFAULT <br />7.1 Remedies Conferred Upon Grantor. Upon the occurrence of any Default, Grantor, in <br />addition to all remedies conferred upon Grantor by law may pursue any one or more of the <br />following remedies concurrently or successively, it being the intent hereof that none of <br />such remedies shall be to the exclusion of any others: <br />(a) Withhold further disbursement of Grant Proceeds and terminate this Agreement; <br />In the event of termination, Subgrantee shall be obligated to provide a Final <br />Completion and Closeout Report in accordance with Section 5.14 of this <br />Agreement within 30 days of notice of termination. <br />(b) Exercise or pursue any other remedy or cause of action permitted at law or at <br />equity or under this Agreement, or any other Grant Document; <br />(c) With or without entry upon the Property, cause Subgrantee's Work to be <br />completed and Grantor for such purpose may use all available materials and <br />equipment located upon the Property and purchase all other necessary materials <br />and employ contractors and other employees. All sums expended by Grantor for <br />such purpose shall constitute Disbursements and shall be due and payable by <br />Subgrantee to Grantor upon demand. The authority and agency conferred hereby <br />upon Grantor shall be deemed to create a power coupled with an interest and shall <br />be irrevocable. Subgrantee shall execute all assignments and instruments <br />necessary for Grantor to complete Subgrantee's Work. <br />(d) Require any or all Grant Proceeds disbursed by Grantor to Subgrantee to be <br />immediately repayable to Grantor. <br />7.2 Right of Grantor to Make Advances to Cure Defaults; Obligatory Advances. In the <br />event that Subgrantee shall fail to perform any of its covenants or agreements in this <br />Agreement or in any of the other Grant Documents contained herein, Grantor may (but <br />shall not be required to) perform any of such covenants and agreements, and any amounts <br />expended by Grantor in so doing, pursuant to this Agreement shall be deemed advanced by <br />Grantor under an obligation to do so regardless of the identity of the person or persons to <br />whom said funds are disbursed. Grant Proceeds advanced by Grantor in the exercise of its <br />judgment that the same are needed to complete Subgrantee's Work to protect its security <br />for the Grant are obligatory advances hereunder and shall constitute indebtedness and shall <br />be due and payable on demand. <br />7.3 Attorneys' Fees. Subgrantee will pay Grantor's reasonable attorneys' fees and costs in <br />connection with the administration and enforcement of this Agreement; without limiting <br />the generality of the foregoing, if at any time or times hereafter the Grantor employs <br />counsel for advice or other representation with respect to any matter concerning <br />15 <br />
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