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

B. No Remedy Exclusive No remedy herein conferred or reserved by the Authority is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement. No delay or omission to exercise any right or power occurring upon any default shall impair any such right or power nor shall same be construed to be a waiver thereof, but any such right or power may be exercised from time to time as often as deemed expedient. In order to entitle the Authority to exercise any remedy reserved to it in this section, it shall not be necessary to give notice, other than such notice specifically required in Section 5 hereof. C. Agreement to Pay Attorneys' Fees and Expenses In the event the Grantee should default under any of the provisions of this Agreement and the Authority shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement of any obligation on the part of the Grantee herein contained, the Grantee agrees that it will, on demand, pay to the Authority the reasonable attorneys' fees and other expenses incurred by the Authority whether or not a lawsuit is brought. D. No Additional Waiver Implied by One Waiver In the event any agreements contained in this Agreement should be breached by any party and thereafter waived by any other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. 6. MISCELLANEOUS 6.1. Limitation of Liability of Authority In the event of default, there shall be no other recourse for damages by the Grantee against the Authority, its officers, members, agents and employees, or any of the property now or hereafter owned by it or them. 6.2. Notices Notice hereunder shall be given in writing by personal service, by recognized overnight mail service or

mployees, or any of the property now or hereafter owned by it or them. 6.2. Notices Notice hereunder shall be given in writing by personal service, by recognized overnight mail service or by certified or registered mail, return receipt requested. If to the Authority: New Jersey Economic Development Authority 36 West State Street PO Box 990 Trenton, New Jersey 08625-0990 Attention: Underwriting Re: Hazardous Discharge Site Remediation Public Entity Grant Program If to the Grantee: As set forth on the attached Schedule A Notices given by personal service shall be effective upon receipt. Notices given by recognized overnight mail services shall be effective upon receipt. Notices given by mail shall be deemed effective three (3) business days after the date mailed. PROD-00188179 Township of West Orange Project Site: Biddleman Inc.