10-21 Exhibit - Authorizing Execution of Grant Agreement for the HDSRF Grant Funds for Preliminary Assessment and Site Investigation.pdf

incomplete. If at any time prior to the expiration or earlier termination of this Agreement, the Grantee becomes aware of any facts, occurrences, information, statements, or events that render any of the foregoing representations or covenants herein made untrue or materially misleading or incomplete, the Grantee shall immediately notify the Authority in writing of such facts, occurrences, information, statements or events. 2.12. Authorized Representative Any certification or other document that Grantee is required to execute and submit to the Authority pursuant to the terms of this Agreement shall be executed by a duly Authorized Representative. 3. DISBURSEMENT OF THE GRANT 3.1. Conditions Precedent to Disbursements A. Disbursement of Grant funds shall be subject to satisfaction of the following conditions precedent: (1) approval by the Department of the work activities covered by such contracts, the cost of such work activities, and the amount of the Grant monies to be disbursed; (2) approval by the Department of all previously performed work with respect to which Grant monies have already been disbursed to Grantee; and 3) any applicable requirements under the Act or Regulations promulgated thereunder. B. Notwithstanding the foregoing: (1) no disbursement shall be made at any time that an Event of Default, as defined under Section 5.1, has occurred and is continuing under this Agreement; (2) Grantee’s right to disbursement of Grant monies pursuant to this Section 3.1 shall be subject to any approvals required by the Department of the contract or contracts for which the requisition of Grant monies has been submitted; and (3) if the contract or contracts described in Schedule C includes work or activities outside the scope of the Project, then the Grant monies disbursed shall only be in the amount of the contract(s), or a portion thereof, representing the activities falling within approved scope of Project, as determined by the Department in its discretion. 3.2. Delivery

contract(s), or a portion thereof, representing the activities falling within approved scope of Project, as determined by the Department in its discretion. 3.2. Delivery of Documents All documents required to be submitted to the Authority as a condition precedent to disbursement of the Grant shall be furnished to the Authority at its office at the address set forth in Section 6.2. 3.3. Disbursement of Grant Monies The Authority shall, after receipt of all documents completed and, in the form required, disburse the Grant monies by check via U.S. certified return receipt mail to the Grantee at the address of the Grantee set forth on Schedule A. PROD-00188179 Township of West Orange Project Site: Biddleman Inc.