Contract - IHCDA - Mortage Foreclosure Counseling

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B. Notices to the Contractor shall be sent to: Pamela Meyer, Executive Director City of South Bend 227 Wester Jefferson Blvd,1411 Floor South Bend, IN 46601. C. Awarding Official J. Jacob Sipe Executive Director Indiana Housing and Community Development Authority 30 South Meridian Street, Suite 1.000 Indianapolis, Indiana 46204 As required by IC §4-13-2-14.8, payments to the Contractor shall be made via electronic funds transfer in accordance with instructions filed by the Contractor with 1HCDA's Controller. 34. Order of Precedence; Incorporation by Reference. Any inconsistency or ambiguity in this Contract shall be' resolved by giving precedence in the following order: (1) this Contract, (2) attachments prepared by IHCDA, and (3) attachments prepared by the Contractor. All attachments, and all documents referred to in this paragraph are hereby incorporated fully by reference. 35. Ownership of Documents and Materials. A. All documents, records, programs, applications, data, algorithms, film, tape, articles, memoranda, and other materials (the "Materials") not developed or licensed by the Contractor prior to execution of this Contract, but specifically developed under this Contract shall be considered "work for hire" and the Contractor hereby transfers and assigns any ownership claims to IHCDA so that all Materials will be the property of IHCDA. If ownership interest in the Materials cannot be assigned to IHCDA, the Contractor grants IHCDA a non-exclusive, non -cancelable, perpetual, worldwide royalty -free license to use the Materials and to use, modify, copy and create derivative works of the Materials. B. Use of the Materials, other than related to contract performance by the Contractor, without the prior written consent of IHCDA, is prohibited. During the performance of this Contract, the Contractor shall be responsible for any loss of or damage to the Materials developed for or supplied by 1HCDA and used to develop or assist in the services provided while the Materials are in the possession of the Contractor. Any loss or damage thereto shall be restored at the Contractor's expense. The Contractor shall provide IHCDA full, immediate, and unrestricted access to the Materials and to Contractor's work product during the term of this Contract. 36. Payments. All payments shall be made 35 days in arrears in conformance with State fiscal policies and procedures and, as required by IC § 4-13-2-14.8, by electronic funds transfer to the financial institution designated by the Contractor, in writing, unless a specific waiver has been obtained {00029857-1} Page 13 of 29