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(b) The COMPANY shall be entitled to payment from the CITY only for those <br /> actual damages, costs or expenses which are directly attributable to delays in the performance <br /> of the Work which are caused by the CITY. <br /> A.8 Subcontracts and Subcontractors. The COMPANY shall have the right to have <br /> any of the services to be provided by the COMPANY under this Agreement accomplished by <br /> subcontractors pursuant to written subcontracts between the COMPANY and such <br /> subcontractors. <br /> All subcontracts shall be subject to, consistent with, and in conformance with all <br /> applicable State and federal laws, rules, regulations and codes, and shall contain provisions <br /> that require all services to be performed in strict accordance with the requirements of this <br /> Agreement and shall provide that the subcontractors are subject to all the terms of this <br /> Agreement. Provided that such agreements do not prejudice any of the CITY's rights under <br /> this Agreement, such agreements may contain different provisions than are provided herein <br /> with respect to extensions of schedule, time of completion, payments, guarantees and matters <br /> not affecting the quality of the Work. <br /> The COMPANY shall not grant or allow to exist any lien or security interest for labor or <br /> material or otherwise on the EMs, the Premises or any other property owned by the CITY. <br /> A.9 Intentionally omitted. <br /> A.10 Hazardous Materials. <br /> (a) The COMPANY acknowledges that compliance with the National Emission <br /> Standard for Hazardous Air Pollutants as promulgated by the United States Environmental <br /> Protection Agency pursuant to Section 112 of the Clean Air Act is a continuing obligation <br /> requiring any and all demolition or renovation activity completed by or on behalf of the CITY, <br /> to conform to the standards for such activity as set forth in 40 CFR 61.145. The COMPANY <br /> shall observe all notification procedures established by the United States and Illinois <br /> Environmental Protection agencies in the execution of the Work under this Agreement. <br /> (b) The pertinent provisions of the Hazardous Substances Construction Disclosure <br /> Act, 415 ILCS 70/1, (the "Act") shall apply in the event that the COMPANY or any of its <br /> subcontractors encounters any hazardous substance or material covered by the Act in the <br /> performance of the Work, the existence of which has not previously been disclosed to the <br /> COMPANY by the CITY. The COMPANY shall, before disturbing such materials, immediately <br /> notify the CITY of the location thereof. The COMPANY shall advise the CITY as to whether it <br /> is feasible to re-route the Work as to avoid such materials. If such re-routing is reasonably <br /> feasible, the COMPANY shall do so without additional compensation hereunder. <br /> If such re-routing or avoidance is not reasonably feasible in the judgment of the CITY <br /> and such material must be disturbed or relocated to complete the Work, and if (i) removal or <br /> containment of the hazardous substance or material cannot be effectuated without a cessation <br /> of the Work; or (ii) applicable law, rule or regulation requires cessation of the Work, or (iii) <br /> continuation of the Work exposes any person to a substantial risk, the COMPANY may <br /> suspend its performance of the Work without penalty until the substance or material is <br /> removed or contained by the CITY. <br /> (c) The following options are available to the CITY in the event that undisclosed <br /> hazardous materials are encountered in the performance of the Work by the COMPANY or its <br /> subcontractors: <br /> 25 <br />