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9 Grant No.G 1000088 <br /> Independent Cleanup Action <br /> Agreement with City of Everett <br /> N. RECYCLED/RECYCLABLE PAPER <br /> All documents and materials published under this agreement shall be produced on <br /> recycled paper containing the highest level of post consumer and recycled content that is <br /> available. At a minimum, paper with 10 percent post consumer content and 50 percent <br /> recycled content shall be used. Whenever possible, all materials shall be published on <br /> paper that is unbleached or has not been treated with chlorine gas and/or hypochlorite. <br /> As appropriate,all materials shall be published on both sides of the paper and shall <br /> minimize the use of glossy or colored paper and other items which reduce the <br /> recyclability of the document. <br /> O. RECOVERY OF PAYMENTS TO RECIPIENT <br /> The right of the RECIPIENT to retain monies paid to it as reimbursement payments is <br /> contingent upon satisfactory performance of this agreement including the satisfactory <br /> completion of the project described in the Scope of Work. En the event the RECIPIENT <br /> fails, for any reason, to perform obligations required of it by this agreement, the <br /> RECIPIENT may, at the DEPARTMENT'S sole discretion,be required to repay to the <br /> DEPARTMENT all grant/loan funds disbursed to the RECIPIENT for those parts of the <br /> project that are rendered worthless in the opinion of the DEPARTMENT by such failure <br /> to perform. <br /> Interest shall accrue at the rate of twelve percent(12%) per annum from the time the <br /> DEPARTMENT demands repayment of funds. If payments have been discontinued by <br /> the DEPARTMENT due to insufficient funds as in Section K.2 above, the RECIPIENT <br /> shall not be obligated to repay monies which had been paid to the RECIPIENT prior to <br /> such termination. Any property acquired under this agreement, at the option of the <br /> DEPARTMENT, may become the DEPARTMENT'S property and the RECIPIENT'S <br /> liability to repay monies shall be reduced by an amount reflecting the fair value of such <br /> property. <br /> P. PROJECT APPROVAL <br /> The extent and character of all work and services to be performed under this agreement <br /> by the RECIPIENT shall be subject to the review and approval of the DEPARTMENT <br /> through the Project Officer or other designated official to whom the RECIPIENT shall <br /> report and be responsible. In the event there is a dispute with regard to the extent and <br /> character of the work to be done, the determination of the Project Officer or other <br /> designated official as to the extent and character of the work to be done shall govern. The <br /> RECIPIENT shall have the right to appeal decisions as provided for below. <br /> Pageof 14 <br />