6.C.(5) Agreement for Services with Hathaway 2

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Effective Date: The term "Effective Date"' shall have the meaning ascribed to such tens in the opening paragraph of this Agreement. Expi-•atio-- Date: The term "Expiration Date'' shall mean October 31, 2010. Hat/zaway: The term "Hathaway" shall mean Hathaway 2, hoc., a domestic corporation organized under the laws of the State of Indiana and having its offices in South Bend, Indiana. Requested Services: The term "Requested Services'" shall mean the services described at EXHIBIT "A ". 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 Commission. SECTION 2. Retention and Acceptance of Provider, Schedule of Services. A. The Commission hereby retains the Provider to provide to the Commission 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 Seiti~ices to the Commission and agrees to provide the Requested Services under the teams 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 Agn•eement including, but not limited to, the procedures prescribed by Indiana Code ~ 36-7-14, et seq. and the schedule established for the Project ("Project Schedule'') or as other~~-ise mutually a~~reed 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 teens and conditions of this Agreement including, but not limited to, in accordance with the Project Schedule, the Contract Administrator may withhold payments due Provider. Further, if any 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 teens of this Agreement. An extension of time may be granted in 3