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Metro - PlumValleyWaterProject_CTGG1 2015-3401_ExhA&B
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Metro - PlumValleyWaterProject_CTGG1 2015-3401_ExhA&B
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Last modified
4/20/2017 8:39:18 AM
Creation date
9/11/2015 12:22:28 PM
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WSRA Grant and Loan Information
Basin Roundtable
Metro
Applicant
Plum Valley Heights Subdistrict
Description
Raw Water Supply Project
Contract/PO #
CTGG1 2015-3401
WSRA - Doc Type
Contract Documents
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accordance with §16 (Notices and Representatives) within seven days of Grantee's receipt of such <br />notice. <br />vii. Subrogation Waiver <br />All insurance policies in any way related to this Grant and secured and maintained by Grantee or its <br />Subgrantees as required herein shall include clauses stating that each carrier shall waive all rights of <br />recovery, under subrogation or otherwise, against Grantee or the State, its agencies, institutions, <br />organizations, officers, agents, employees, and volunteers. <br />C. Certificates <br />Grantee and all Subgrantees shall provide certificates showing insurance coverage required hereunder to <br />the State within seven business days of the Effective Date of this Grant. No later than 15 days prior to the <br />expiration date of any such coverage, Grantee and each Subgrantee shall deliver to the State ar Grantee <br />certificates of insurance evidencing renewals thereof. In addition, upon request by the State at any other <br />time during the term of this Grant or any subgrant, Grantee and each Subgrantee shall, within 10 days of <br />such request, supply to the State evidence satisfactory to the State of compliance with the provisions of this <br />§13. <br />14. BREACH <br />A. Defined <br />In addition to any breaches specified in other sections of this Grant, the failure of either Party to perform <br />any of its material obligations hereunder, in whole or in part or in a timely or satisfactory manner, <br />constitutes a breach. The institution of proceedings under any bankruptcy, insolvency, reorganization or <br />similar law, by or against Grantee, or the appointment of a receiver or similar officer for Grantee or any of <br />its property, which is not vacated or fully stayed within 20 days after the institution or occurrence thereof, <br />shall also constitute a breach. <br />B. Notice and Cure Period <br />In the event of a breach, notice of such shall be given in writing by the aggrieved Party to the other Party in <br />the manner provided in §16. If such breach is not cured within 30 days of receipt of written notice, or if a <br />cure cannot be completed within 30 days, or if cure of the breach has not begun within 30 days and has <br />been pursued with due diligence, the State may exercise any of the remedies set forth in §15. <br />Notwithstanding anything to the contrary herein, the State, in its sole discretion, need not provide advance <br />notice or a cure period and may immediately terminate this Grant in whole or in part if reasonably <br />necessary to preserve public safety or to prevent immediate public crisis. <br />15. REMEDIES <br />If Grantee is in breach under any provision of this Grant, the State shall have all of the remedies listed in this <br />§15 in addition to all other remedies set forth in other sections of this Grant following the notice and cure period <br />set forth in §14(B). The State may exercise any or all of the remedies available to it, in its sole discretion, <br />concurrently or consecutively. <br />A. Termination for Cause and/or Breach <br />If Grantee fails to perform any of its obligations hereunder with such diligence as is required to ensure its <br />completion in accordance with the provisions of this Grant and in a timely manner, the State may notify <br />Grantee of such non-performance in accordance with the provisions herein. If Grantee thereafter fails to <br />promptly cure such non-performance within the cure period, the State, at its option, may terminate this <br />entire Grant ar such part of this Grant as to which there has been delay or a failure to properly perform. <br />Exercise by the State of this right shall not be deemed a breach of its obligations hereunder. Grantee shall <br />continue performance of this Grant to the extent not terminated, if any. <br />i. Obligations and Rights <br />To the extent specified in any termination notice, Grantee shall not incur further obligations or render <br />further performance hereunder past the effective date of such notice, and shall terminate outstanding <br />orders and subcontracts with third parties. However, Grantee shall complete and deliver to the State <br />all Wark, Services and Goods not cancelled by the termination notice and may incur obligations as <br />necessary to do so within this Grant's terms. At the sole discretion of the State, Grantee shall assign to <br />Page8ofl6 <br />
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