Memorandum of Agreement - City of Indianapolis Fire Department - Indiana Task Force One

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the remainder of the Agreement which shall continue in full force and effect. 14.10 . Successors arLd Assigns. This Agreement and its provisions are binding upon and inure to the benefit of the parties and to their respective successors in interest; provided, however, this Agreement does not and will not bestow any rights or remedies upon persons to whom an unlawful delegation or assignment has been made by the participating Agency. 14.11 Indemnification. To the full extent permissible under applicable law, each of the named parties shall defend, indemnify and hold the other party harmless of and from any and all losses and liabilities of any kind or nature arising out of or related to this Agreement that are due to the indemnifying party's errors, omissions, negligence, willful or intentional misconduct or other legal fault except and to the extent the harm suffered is due to comparative fault of the party on whose behalf the claim of indemnification is made. 14.12 Non-discrimination. The DPS and the Participating Agency shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to her or his hire, tanure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment, because of her or his race, sex, sexual orientation, gender identity, religion, color, national origin, ancestry, age, disability, or United States military service veteran status. Breach of this section shall be regarded as a material breach of this Agreement. 14.13 Third ParjX Be reficiaries. This Agreement is trade for the sole and exclusive benefit of the .named parties and their lawful successors in interest, and no other person or entity is intended to, nor shall such other person or entity acquire or be entitled to receive any rights or benefits as a third -party beneficiary of this Agreement. 14.14 Non-parties. Neither the United States of America nor the State of Indiana is a party to this Agreement. 14.15 Assurances of Understanding, Each party represents to the other the following: that the party has fully read and understood all of the provisions of this Agreement; that the party has secured and considered such legal advice and other expert counsel as the party deemed necessary and advisable for these purposes; and, that in agreeing to execute and become a signatory to this Agreement the party has deemed itself adequately informed and advised as to all of the risks assumed and obligations undertaken pursuant to this Agreement. 14.16 SignatoLy Authority. Each person executing this Agreement represents the following. that he/she was and is lawfully authorized to sign the Agreement on behalf of the party lie/she represents; that execution of the Agreement was duly and regularly authorized by the party's governing body; and, that to the person's best knowledge and belief the Agreement is a binding and enforceable obligation of the party on whose behalf he/she executed his/her signature. 14.17 Si n_g atutes; This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall constitute a duplicate original, but all counterparts together shall constitute a single agreement. A signature made be delivered by facsimile transmission or by e- mail of a ".pdf' format data file, such signature shall create a valid and binding obligation on the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or ".pdi" signature page were an original thereof. 14.18 ,Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter, and it supersedes any prior agreements on this matter.