8739-14 Authorize asbestos removal and abatement at McKinley

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Subgrantee, this Agreement, the Property or the Grant Documents, or to enforce any rights of the Grantor or obligations of Subgrantee or any firm or corporation which may be obligated to Grantor by virtue of this Agreement or under any of the other Grant Documents or any other agreement or document, heretofore or hereafter delivered to Grantor in furtherance hereof, then in any such event all of the attorneys' fees arising from such services, and any expenses, costs and charges relating thereto, shall constitute indebtedness due and owing by Subgrantee to Grantor payable on demand. 7.4 No Waiver. No failure by Grantor to exercise, or delay by Grantor in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof, or the exercise of any other right, power or privilege. The rights and remedies provided in this Agreement and in any of the other Grant Documents are cumulative and not exclusive of each other or of any right or remedy provided by law or equity. No notice to or demand on Subgrantee in any case shall, in itself entitle Subgrantee to any other or further notice or demand in the same circumstances or constitute a waiver of the rights of Grantor to any other or further action in any circumstances without notice or demand. 7.5 Cure of Default. In the event Subgrantee subsequently cures any Default hereunder, Grantor may, at its sole and absolute discretion, allow Subgrantee to reinstate the terms of the Grant as if no Default had occurred. 7.6 Availability of Remedies. All of the remedies set forth herein and/or provided by law or equity shall be equally available to Grantor, and the choice by Grantor of one. (1) such alternative over another shall not be subject to question or challenge by Subgrantee or any other person, nor shall any such choice be asserted as a defense, set -off, or failure to mitigate damages in any action, proceeding, or counteraction by Grantor to recover or seek any other remedy under this Agreement or any of the other Grant Documents, nor shall such choice preclude Grantor from subsequently electing to exercise a different remedy. The parties have agreed to the alternative remedies hereof specified in part because they recognize that the choice of remedies in the event of a failure hereunder will necessarily be and should properly be a matter of business judgment, which the passage of time and events may or may not prove to have been the best choice to maximize recovery by Grantor at the lowest cost to Subgrantee. It is the intention of the parties that such choice by Grantor be given conclusive effect regardless of such subsequent developments. At any sale of the security or collateral for the Grant or any part thereof whether by foreclosure or otherwise, Grantor may in its discretion purchase all or any part of such collateral so sold or offered for sale for its own account. ARTICLE VIII MISCELLANEOUS MA