6D(8) Brownfields Grant Agreement - former Studebaker Stamping Plant

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2.2. The Project Grant Funds shall be payable to the Commission as reimbursement for allowable expenses incurred by the Commission based upon the progress of the Remediation Work and in accordance with the approved cleanup project budget (the "Budget "), which is attached hereto and incorporated herein as Exhibit D, and all reasonable amendments to the Budget upon which the parties agree. No reimbursement shall be made to the Commission without the written approval of the City. The City shall not advance nor be obligated to advance any Project Grant Funds to the Commission prior to the receipt of properly executed lien waivers. 2.3. The Commission understands and agrees that all of the Project Grant Funds provided by the City to the Commission shall be used by the Commission towards the cleanup and remediation of the Property identified in Exhibit A. 2.4. The Commission agrees to use best efforts to keep all expenditures from the Project Grant Funds within the approved Budget. The Commission shall not exceed any of the costs enumerated in the approved Budget, or any mutually agreed upon amendments thereto (if applicable), without the prior written approval of the City. 3. No Obligation of City. The Commission acknowledges that Cooperative Agreement No. 2B — OOE97101 -1 between the City and the EPA (the "Cooperative Agreement "), is the source of all funds granted hereunder, and that the City is under no obligation to loan any of its own funds for this project. 4. Applicable Laws and Regulations. The Commission shall carry out the Remediation Work in accordance with all applicable state, local and federal laws, regulations, orders, writs, judgments, injunctions, decrees or awards, including but not limited to the following: 4.1. CERCLA 4.2. Uniform Administrative Requirements for Grants a Cooperative Agreements to States and Local Governments, 40 C.F.R. Part 31. 4.3. The National Oil and Hazardous Substances Continkency Plan 40 C F R Part 300, ( "NCP "). 4.4. All Applicable Federal "Cross-Cutting Requirements" including: 4.4.1. Those federal requirements agreed between the USEPA and the Grantor defined by the Cooperative Agreement; 4.4.2. DBE requirements found at 40 C.F.R. Part 33; 4.4.3. OSHA Worker Health & Safety Standard 29 C.F.R. 1910.120; 4.4.4. The Uniform Relocation Act; Historic Preservation Action; 4.4.5. Endangered Species Act;