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6B(1)
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08-06-10 Packet
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6B(1)
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8/3/2010 3:25:02 PM
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8.2. The City may stop the Remediation Work if it is not satisfactory or not <br />substantially in accordance with the Work Plan and order Remediation Work replacement at the <br />Commission's expense. <br />8.3. The City is not obligated to make any disbursements unless and/or until all <br />Remediation Work is satisfactorily completed and in accordance with the Work Plan as <br />reasonably determined by the City and Site Manager. <br />8.4. The City shall have the right, but not the obligation, to take any reasonable and <br />appropriate action under the circumstances to cure any violation for the provisions of this <br />Agreement upon written notice of at least 30 days to the Commission and an opportunity to cure. <br />The notice shall include a clear description of the proposed cure and the approximate cost of the <br />same. <br />8.5. The Commission recognizes that the Site Manager has the ability to stop the <br />Remediation Work immediately in the event of an imminent and substantial threat to human <br />health associated with it. <br />9. Representations and Warranties. <br />9.1. The City and the Commission represent and warrant to each other that: <br />9.1.1. The Property is not listed or proposed for listing on the National Priorities <br />List of the EPA. <br />9.1.2. None of the parties has disposed of hazardous substances, pollutants or <br />contaminants at or to the Property. <br />9.1.3. The making and performance by the parties of this Agreement does not <br />violate any provision of federal, state or local law, or result in a breach of or constitute a <br />default under any agreement, indenture or other instrument to which the parties maybe <br />bound. <br />9.1.4. This Agreement has been duly authorized by the governing bodies of each <br />entity, and has been validly executed and delivered, and is valid and binding on the <br />parties. <br />9.1.5. There are no pending or threatened actions or proceedings before any <br />court or administrative agency that may adversely affect the financial condition or <br />operation of the parties. <br />9.2. The Commission represents and warrants as follows: <br />9.2.1. The Commission certifies that it is not now, and has not in the past, been <br />subject to any penalties resulting from environmental non-compliance at the Property. <br />9.2.2. Neither the Commission nor its respective officers or contractor(s) <br />retained to conduct the Remediation Work, have within a 3 year period preceding this <br />
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