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Center Facility, appropriates funds therefor and construction of <br /> a new facility is completed and it is ready for occupancy. By <br /> the acceptance of this right-of-entry the City agrees that upon <br /> vacation of the Premises, at such time as a new facility is <br /> ready for occupancy, the City will pay to the United States of <br /> America the sum of $254, 000. 00 for the Department's improve- <br /> ments on the premises. <br /> 3. The construction work to be accomplished pursuant hereto <br /> shall be without interference in any manner with the continuing <br /> utilization by the Navy of the facilities of the Naval & Marine <br /> Corps Reserve Training Center, South Bend, Indiana and shall be <br /> subject to the written approval of the District Public Works Officer, <br /> Ninth Naval District and to such regulations concerning the security <br /> of the training center as the District Public Works Officer may <br /> promulgate. <br /> 4. The City shall be liable for any loss or damage to the Premises <br /> incurred as a result of its use hereunder and shall make such <br /> restoration or repair or monetary compensation as may be directed <br /> by the Department. <br /> 5. The City shall indemnify and save harmless the Government, its <br /> officers, agents, servants and employees from all liability under <br /> the Federal Tort Claims Act (62 Stat. 869, 982:2d U. S. C. Sec. 2671, <br /> 2680) or otherwise, for death or injury to all persons, or loss or <br /> damage to the property of all persons resulting from the use of the <br /> Premises by the City. <br /> 6. OFFICIALS NOT TO BENEFIT: No member of or Delegate to <br /> Congress, or Resident Commissioner shall be admitted to any share <br /> or part of this grant or to any benefit that may arise therefrom; but <br /> this provision shall not be construed to extend to this grant if made <br /> with a corporation for its general benefit. <br /> 7. GRATUITIES: The City warrants that it has not employed any <br /> person to solicit or secure this Grant upon any agreement for a <br /> commission, percentage, brokerage or contingent fee. Breach of <br /> this warranty shall give the Government the right to annul this <br /> Grant or in its discretion to recover from the City the amount of <br /> such commission, percentage, brokerage or contingent fee in <br /> addition to the consideration herein set forth. This warranty shall <br /> not apply to commissions payable by the City upon contracts or <br /> sales secured or made through bona fide established commercial <br /> or selling agencies maintained by the City for the purpose of securing <br /> business. <br /> -2- <br />