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(R nyharL <br />representations or warranties contained in this Agreement; or (ii) arising out of Nyhart's negligence, gross negligence or <br />willful, fraudulent, or criminal misconduct associated with its performance of services under this Agreement. The parties <br />further recognize that clerical errors and! variations may occur. When discovered, they will be corrected or adjusted by <br />Nyhart, in accordance with its normal procedures, to the extent reasonable and possible, <br />Acceptance <br />The items and conditions of this Agreement are agreed to and accepted by Client on behalf of the Plan. This Agreement <br />is effective only when signed by all parties. <br />City of South Bend <br />By: IA of 121141ie <br />Printed Name: <br />i A h t n iN <br />Date: <br />Nyhart <br />By: <br />Printed Name: <br />Date. <br />Page 4 of 4 <br />