Programmatic agreement for building cleaning following disaster, March 2002

NYC 9/11 Public Portal Document

B. FEMA will specifically advise SEMO of this Stipulation and will require that SEMO advise its applicants in writing at their kickoff meetings that they may not initiate construction on projects for which they are seeking Federal funding prior to compliance with this Agreement. SEMO will also advise its applicants that they may jeopardize Federal funding if construction is initiated prior to compliance with this Agreement.

XL DURATION, AMENDMENTS, AND TERMINATION

A. Unless terminated pursuant to Stipulation XI.C. below, this Agreement shall remain in effect from the date of implementation until FEMA, in consultation with all other signatories, determines that the terms of this Agreement have been satisfactorily fulfilled. Upon such determination, this Agreement will terminate, and FEMA will provide all other signatories with written notice of the determination and termination.

B. If any signatory to the Agreement determines that the Agreement cannot be fulfilled, the signatories will consult to seek amendment of the Agreement. Any amendment will be specific to the World Trade Center Disaster unless otherwise agreed to by the signatories.

C. FEMA, the SHPO, SEMO, or the Council may terminate this Agreement by providing 30 days’ written notice to the other parties, provided that the parties will consult during this period to seek amendments or other actions that would prevent termination. Termination of this Agreement will require compliance with 36 CFR § 800 for each individual Undertaking.

D. This Agreement may be terminated by the implementation of a subsequent Programmatic Agreement pursuant to 36 CFR Part 800.14(b) that explicitly terminates or supersedes this Agreement, or by FEMA’s implementation of Alternate Procedures, pursuant to 36 CFR §800.14(a).

XII. IMPLEMENTATION OF THIS PROGRAMMATIC AGREEMENT

A. This Agreement may be implemented in counterparts, with a separate page for each signatory, and FEMA will ensure that each party is provided with a complete copy. This Agreement will become effective on the date of the last signature.

B. Implementation of this Agreement evidences that FEMA has satisfied its Section 106 responsibilities for all its Undertakings specific to the World Trade Center Terrorist Attack, FEMA-1391-DE-NY.

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