Indemnification Agreement - The Tire Rack

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City of South Bend/Tire Rack Indemnification Agreement 2017 INDEMNIFICATION AGREEMENT BETWEEN THE CITY OF SOUTH BEND AND TIRE RACK The Tire Rack, Inc. ("Owner"), is the owner of certain real property at 7101 Vorden Parkway, South Bend, Indiana ("Tire Rack Property"). Owner is willing to allow the South Bend Police Department to use Tire Rack Property for the purpose of providing Emergency Vehicle Operation ("EVOC") training to the South Bend Police Department on April 3`d through, and including, April 7`n, 2017 and October 16tn through, and including, October 20tn 2017. In consideration for Owner allowing the City of South Bend to use Tire Rack Property to help train the South Bend Police Department drivers, the City of South Bend hereby agrees to defend the Owner, its officers and employees, from any claims or suits arising out of the use of the Tire Rack Property by the South Bend Police Department. In the event of any Judgment arising out of any such claim or suit against Owner, its officers or employees, City shall indemnify Owner up to the limits set forth in the Indiana Tort Claims Act. As a condition precedent to the right of indemnification under this Act, Owner, officers, or employees shall tender in writing to the South Bend Corporation Counsel any and all suit papers, demands, notices, summonses, complaints, or other process received by Owner arising out of the use of the Tire Rack Property by the South Bend Police Department, within twenty-four (24) hours of receipt. Owner, officers, and employees shall fully cooperate with the City in the conduct of its investigations, possible settlement, and defense of any legal proceedings. (Signature Page Follows) Page I of 2