8739-14 Authorize asbestos removal and abatement at McKinley

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1.2. Continuation of Representations and Warranties. The Subgrantee hereby covenants, warrants and agrees that the representations and warranties made in Section 1.1 hereof shall be and shall remain true and correct at the time of the Subgrant Closing Date and at all times thereafter until completion of Subgrantee's Work. Each Certificate for Payment (as defined in Schedule 1) shall constitute a reaffirmation that these representations and warranties are true as of the date of such Certificate for Payment and will be true on the date of each Disbursement. ARTICLE II THESUBGRANT 2.1. Agreement to Receive and Grant. Subgrantee agrees to receive from Grantor, and Grantor agrees to grant to Subgrantee such amount as shall be requested by the Subgrantee, but in no event exceeding the Grant Amount, on the terms of and subject to the conditions of this Agreement for the sole purpose of undertaking and completing the Project. 2.2 Subgrantee's Work. Subgrantee shall commence Subgrantee's Work on or before the Commencement Date and shall be completed on or before the Completion Date, unless extended by agreement of the parties. Prior to the commencement of any cleanup activities, the Subgrantee must provide Grantor copies of the Budget, the Specifications, and evidence of the USEPA and the OEPA's approval of these documents, if required. Subgrantee shall ensure that the cleanup protects human health and the environment. 2.3 Term: Unless terminated early pursuant Section 7.1 herein, this Agreement shall commence on the Effective Date and shall expire six (6) months after the Project Completion Date, subject to those provisions which expressly survive the expiration of this Agreement. 2.4 Applicable Standards. In addition to such other requirements as set forth in this Agreement and as defined in Schedule 1, Subgrantee shall carry out the Project in accordance with CERCLA Sections 104(k) and 101(39); the Clean Air Act (42 U.S.C.A. Section 7401, et. seq; 40 CFR Part 30, Uniform Administrative Requirements for Grants and Cooperative Agreement; Executive Order 13202 (Feb 22, 2001, 66 Fed Reg 11225) of February 17, 2001 , as amended by Executive Order 13208 (April 11, 2001, 66 Fed Reg 1.8717) of April 6, 2001; Federal Cross - Cutting Requirements; and all applicable state, local or federal laws, regulations, orders ordinances, writs, judgments, injunctions, decrees or awards. 2.5 Use of the Grant Funds. Subgrantee agrees that the Grant Funds shall be used solely for the stated purposes set forth in this Agreement and as more specifically described in the Specifications and the Budget. No amendment of the Budget shall be made without the Grantor's prior written consent. No reallocation of line items within the Budget shall be made unless Subgrantee can demonstrate to the Grantor's satisfaction that (i) sufficient funds remain in the line item from which the amount is to be reallocated to pay all Eligible Costs which may be paid M