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6B(1)
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08-06-10 Packet
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6B(1)
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6.9. The City reserves the right to waive any or all of the requirements of <br />Section 6.8. <br />7. Performance of Work and Payment. <br />7.1. The Commission shall commence work on the Remediation Work within <br />30 days from the date of execution of this Agreement and shall complete and perform all <br />of the Remediation Work by December 31, 2011 in accordance with the approved <br />schedule of work ("Schedule of Work''), attached hereto and made a part hereof as <br />Exhibit E. <br />7.2. All Remediation Work performed pursuant to this Agreement and with <br />Project Loan Funds shall be performed in a good and workmanlike manner. <br />7.3. The City shall disburse the Project Loan Funds to the Commission no later <br />than 30 days following receipt of a draw request (which draw requests shall not be made <br />more frequently than monthly) and satisfactory documentation of expenditures for the <br />Work. The City and the Commission agree not to unreasonably delay or withhold <br />delivery or payment of draw requests. <br />7.4. The City may withhold up to ten percent (10%) of each payment requested <br />as a retainage until the Commission has completed the Remediation Work. <br />7.5. All material changes or modifications to the Remediation Work or the <br />Project Documents shall be approved in writing by the City prior to such change or <br />modification becoming effective. All additional costs incurred, as the result of any <br />change orders shall be the responsibility of the Commission. In the event that unforeseen <br />conditions are discovered during the implementation of the Remediation Work, the <br />Commission reserves the right to revise the cleanup action and the Project Documents. <br />7.6. The Commission, at its sole cost and expense, and from sources other than <br />Project Loan Funds, shall be responsible for obtaining all permits, licenses, approvals, <br />certifications and inspections required by federal, state or local law and to maintain such <br />permits, licenses, approvals, certifications and inspections in current status during the <br />term of this Agreement. <br />7.7. The Commission agrees to protect, indemnify, defend and hold harmless, <br />the City, its officers, administrators, agents, servants, employees and all other persons or <br />legal entities to whom the City may be liable from, for or against any and all claims, <br />demands, suits, losses, damages, judgments, costs and expenses, whether direct, indirect <br />or consequential and including, but not limited to, all reasonable fees, expenses and <br />charges of attorneys and other professionals, court costs, and other reasonable fees and <br />expenses for bodily injury, including death, personal injury and property damage, arising <br />out of or in connection with the performance of any work or any responsibility or <br />obligation of the Commission as provided herein and caused in whole or in part by any <br />act, error, or omission of the Commission, its agents, servants, employees or assigns. <br />7 <br />
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