Contract - NIWB - Pathways Program

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Taxes: All governmental assessments, franchise fees, excises, license and permit fees, levies, charges and taxes, of every kind and nature whatsoever, which at any time during the Term may be assessed, levied, or imposed on, or become due and payable out of or in respect of, (i) activities conducted on behalf of the City. NIWB: The term ` NIWB" shall mean Northern Indiana Workforce Board, Inc., organized under the laws of the State of Indiana and having its offices branded as WorkOne in South Bend, Indiana. For purposes of this Agreement, "Provider" shall herein mean "NIWB". SECTION 2. Retention and Acceptance of Provider, Schedule of Services. A. The BPW hereby retains the Provider to provide the City the Requested Services that are more specifically described at EXHIBIT "A" attached hereto and incorporated herein. The Provider hereby accepts the appointment to provide the Requested Services and agrees to provide the Requested Services under the terms and conditions set forth in this Agreement. B. Upon receipt of a notice to proceed from the Contract Administrator, the Provider shall commence the Requested Services in accordance with the terms and conditions of this Agreement and the schedule established for Project ("Project Schedule") or as otherwise mutually agreed by the parties in writing. The Project Schedule is more particularly described at EXHIBIT "B" attached hereto and incorporated herein. The Provider hereby certifies that it has sufficient experience, expertise and financial aptitude to complete the Requested Services in the manner and within the timeframe set forth in the Project Schedule. C. Should the Provider fail to complete the Requested Services in accordance with the terms and conditions of this Agreement including, but not limited to, in accordance with the Project Schedule, the Contract Administrator may withhold payment due Provider. Further, if the damages are imposed against Provider, any monies due and payable to the City thereby, may be retained out of any monies earned by the Provider under the terms of this Agreement. An extension of time may be granted in the event of extenuating circumstances by the Provider applying for and receiving written permission for an extension of time from the BPW. SECTION 3. Parties' Responsibilities. A. Information and Communications. The BPW shall provide all reports, and other data requested by the Provider necessary for the Provider to accomplish the Requested Services. The BPW and the Provider agree that the BPW shall be permitted to obtain at no additional cost and to retain any and all documents prepared or caused to be prepared by the Provider in connection with the services to be provided by the Provider and the Provider agrees to provide 3