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6.A.(1) Agreement for Services with Downtown South Bend
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6.A.(1) Agreement for Services with Downtown South Bend
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EXHIBIT A-1 <br />Parking Lot Services <br />For and in consideration of the Covenants and Agreements contained in this Agreement <br />and in this Exhibit A-1 to this Agreement, the Provider shall provide the following services at the <br />premises described as Parking Lots in the Definitional Section of this Agreement: <br />1. The Provider hereby represents that it will use the Parking Lots as Surface <br />Parking for visitors and other invitees in the Downtown South Bend area. <br />2. The Provider has examined and knows the condition of the Parking Lots and has <br />received them in good order and repair except as otherwise specified. The Provider <br />acknowledges it has not received any representations or warranties about the condition of the <br />Parking Lots. The Provider will keep the Parking Lots and sidewalks and adjoining alleys in <br />good repair, according to City ordinances and the direction of proper public officers during the <br />term of this Agreement. At its expense and upon the termination of this Agreement, the Provider <br />will surrender the Parking Lots to the Commission in good condition and repair, ordinary wear <br />and tear excepted. There is no responsibility for the Provider with regard to general <br />infrastructure replacement, but the Provider is responsible for the maintenance and cleanliness of <br />the Parking Lots. <br />3. The Commission shall not be liable for damages caused by hidden defects or <br />failure to keep the Parking Lots in good repair, and shall not be liable for any damage done by <br />water, snow or ice being upon sidewalks, nor for any damages arising from the negligence of any <br />owners or occupants of adjacent or contiguous property. <br />4. The Commission shall not be liable for any injury to the Provider or any other <br />person, occurring on or in front of the Parking Lots, irrespective of whether said injury is caused <br />by a defect in the Parking Lots or by reason of the Parking Lots becoming out of repair or arising <br />from any other cause whatsoever, and the Commission shall not be liable for damage to the <br />Provider's property or to the property of any other person which may be located in or upon said <br />premises and the Provider agrees to indemnify and save harmless the Commission from any and <br />all claims arising out of injuries to persons or property occurring on or about said premises. <br />5. The Provider will not allow the Parking Lots to be used for any purpose that will <br />increase the rate of insurance thereon, nor to be occupied in whole or in part by any other person, <br />and will not sublet the same or any part thereof, nor assign this Agreement or any part hereof <br />without, in each case the written consent of the Commission first had and obtained, and will not <br />permit any transfer, by operation of law, of any interest in the Parking Lots acquired through this <br />Agreement, and will not permit the Parking Lots to be used for any unlawful purpose, nor disturb <br />the tenants of surrounding buildings or of the neighborhood and will not allow any sign or <br />placards posted or placed on the Parking Lots except by written consent of the Commission. <br />15 <br />
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