i. $40,000 if this Agreement is terminated on or before Dec. 31, 2010;
<br />ii. $30,OOOif this Agreement is terminated after Dec. 31, 2010 but on or before Dec. 31,
<br />2011;
<br />iii. $20,000 if this Agreement is terminated after Dec. 31, 2011 but on or before June 30,
<br />2012, The deleted early termination provisions were included as part of Manager's
<br />amdended proposal to City, and were accepted by City representatives. Therefore, these
<br />provisions should be included in contract.
<br />f. Payment of any other amounts due to Manager under this Agreement through the date
<br />of termination.
<br />CFf'TT(1N 1 F,
<br />INDEMNIFICATION
<br />17.1 Indemnification by Manager. Manager agrees to indemnify and hold
<br />harmless the Owner, the South Bend Redevelopment Authority, the City of South Bend,
<br />Indiana, and the St. Joseph County Airport Authority, and their respective officers,
<br />directors, duly authorized agents and employees from any and all claims brought against
<br />them for personal injury, death, property damage and any other losses, damages, charges
<br />or expenses, including attorney fees, which are in connection with, or by reason of any
<br />intentional wrongful act or omission, fraud, willful misconduct or gross negligence of the
<br />Manager or its officers, directors, subcontractors, duly authorized agents or employees.
<br />17.2 Indemnification by Owner. Owner agrees to indemnify and hold harmless
<br />Manager and its officers, directors, duly authorized agents and employees from any and
<br />all claims brought against them for personal injury, death, property damage and any other
<br />losses, damages, charges or expenses, including attorney fees, which are in connection
<br />with, or by reason of any intentional wrongful act or omission, fraud, willful misconduct
<br />or gross negligence of the Owner or its officers, directors, subcontractors, duly authorized
<br />agents or employees.
<br />17.3 Indemnification for Loss, Theft or Damage to Personal Property. Manager
<br />agrees to indemnify and hold harmless the Owner, the South Bend Redevelopment
<br />Authority, the City of South Bend, Indiana, and the St. Joseph County Airport Authority,
<br />and their respective officers, directors, employees and agents with respect to any claim or
<br />liability for loss or theft or damage to personal property of the Manager, its employees,
<br />sub-contractors, and others, except to the extent that such loss, theft or damage is from
<br />the intentional wrongful act, fraud, willful misconduct or gross negligence of the Owner,
<br />its employees, agents or sub-contractors.
<br />17.4 Indemnification for Loss, Theft or Damage to Personal Property. Owner
<br />agrees to indemnify and hold harmless the Manager, its officers, directors, employees and
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