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

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6.8.6. The City's receipt of cleanup project cost breakdown based upon estimates and prices supplied by the Commission. 6.9. The City reserves the right to waive any or all of the requirements of Section 6.8. 7. Performance of Work and Pavment. 7.1. The Commission shall commence work on the Remediation Work within 30 days from the date of execution of this Agreement and shall complete and perform all of the Remediation Work within 120 days in accordance with the approved schedule of work ( "Schedule of Work ") attached hereto and made a part hereof as Exhibit E. 7.2. All Remediation Work performed pursuant to this Agreement and with Project Grant Funds shall be performed in a good and workmanlike manner. 7.3. The City shall disburse the Project Grant Funds to the Commission no later than 30 days following receipt of a draw request (which draw requests shall not be made more frequently than monthly) and satisfactory documentation of expenditures for the Work. The City and the Commission agree not to unreasonably delay or withhold delivery or payment of draw requests. 7.4. The City may withhold up to ten percent (10 %) of each payment requested as a retainage until the Commission has completed the Remediation Work. 7.5. All material changes or modifications to the Remediation Work or the Project Documents shall be approved in writing by the City prior to such change or modification becoming effective. All additional costs incurred, as the result of any change orders shall be the responsibility of the Commission. In the event that unforeseen conditions are discovered during the implementation of the Remediation Work, the Commission reserves the right to revise the cleanup action and the Project Documents. 7.6. The Commission, at its sole cost and expense, and from sources other than Grant Funds, shall be responsible for obtaining all permits, licenses, approvals, certifications and inspections required by federal, state or local law and to maintain such permits, licenses, approvals, certifications and inspections in current status during the term of this Agreement. 7.7. The Commission agrees to protect, indemnify, defend and hold harmless, the City, its officers, administrators, agents, servants, employees and all other persons or legal entities to whom the City may be liable from, for or against any and all claims, demands, suits, losses, damages, judgments, costs and expenses, whether direct, indirect or consequential and including, but not limited to, all reasonable fees, expenses and charges of attorneys and other professionals, court costs, and other reasonable fees and expenses for bodily injury, including death, personal injury and property damage, arising out of or in connection with the performance of any work or any responsibility or obligation of the Commission as provided herein and caused in whole or in part by any act, error, or omission of the Commission, its agents, servants, employees or assigns. 7