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18-02 Rescinding Resolution No. 4663-17 Indiana Task Force One MOA Approval
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18-02 Rescinding Resolution No. 4663-17 Indiana Task Force One MOA Approval
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1/17/2018 10:27:58 AM
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City Council - City Clerk
City Council - Document Type
Resolutions
City Counci - Date
1/22/2018
Bill Number
18-02
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j <br /> 14.09 Severabilit . Should any provision of this Agreement be determined to be invalid or <br /> unenforceable under applicable law, the provision shall, to the extent required, be severed from <br /> the remainder of the Agreement which shall continue in full force and effect. <br /> 14.10 Successors and Assigns. This Agreement and its provisions are binding upon and inure to the <br /> benefit of the parties and to their respective successors in interest; provided, however, this <br /> Agreement does not and will not bestow any rights or remedies upon persons to whom an <br /> unlawful delegation or assignment has been made by the Participating Agency. <br /> i <br /> 14.11 Indemnification. Each party to this Agreement shall be responsible for its own acts or omissions <br /> and any claims,liabilities,injuries,suits,demands or expenses of any kind that may result or arise <br /> out of any alleged conduct by the party, its officers or employees,in the performance or omission <br /> of any act or responsibility of that party under this Agreement. In the event a claim is made <br /> against either or both parties,the intent of the parties is to cooperate in the defense of said claim <br /> and to cause an insurer, if any, to do likewise. However, each party shall have the right to take <br /> any action it believes necessary to protect its interests. <br /> 14.12 Nondiscrimination. The CITY and the Participating Agency shall not discriminate against any <br /> employee or applicant for employment to be employed in the performance of this Agreement, <br /> with respect to her or his hire, tenure, terms, conditions, or privileges of employment, or any <br /> matter directly or indirectly related to employment, because of her or his race, sex, sexual <br /> orientation, gender identity, religion, color, national origin, ancestry, age, disability, or United <br /> States military service veteran status. Breach of this section shall be regarded as a material <br /> breach of this Agreement. <br /> 14.13 Third Party Beneficiaries. This Agreement is made for the sole and exclusive benefit of the <br /> named patties and their lawful successors in interest,and no other person or entity is intended to, <br /> I nor shall such other person or entity acquire or be entitled to receive any rights or benefits as a <br /> third-party beneficiary of this Agreement. <br /> € 14.14 Nonon-parties. Neither the United States of America nor the State of Indiana is a party to this <br /> IAgreement. <br /> i <br /> I 14.15 Assurances of Understanding. Each party represents to the other the following:that the party has <br /> I fully read and understood all of the provisions of this Agreement;that the party has secured and <br /> considered such legal advice and other expert counsel as the party deemed necessary and <br /> advisable for these purposes; and, that in agreeing to execute and become a signatory to this <br /> Agreement the party has deemed itself adequately informed and advised as to all of the risks <br /> assumed and obligations undertaken pursuant to this Agreement. <br /> 14.16 Signatory Authority. Each person executing this Agreement represents the following:that he/she <br /> was and is lawfully authorized to sign the Agreement on behalf of the party he/she represents; <br /> that execution of the Agreement was duly and regularly authorized by the party's governing body; <br /> and, that to the person`s best knowledge and belief the Agreement is a binding and enforceable <br /> obligation of the party on whose behalf he/she executed his/her signature. <br /> 14.17 Entire Agreement. This Agreement constitutes the entire agreement between the patties with <br /> I� respect to the subject matter,and it supersedes any prior agreements on this matter. <br /> i <br /> (Signature page to follow) <br /> 3 9 <br /> Revised OCC 10-2016 <br /> s <br /> F <br />
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