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City's Internal The term "City's Internal Auditor" shall mean the City Controller <br />Auditor: or any person appointed or retained by the City Controller or the <br />Commission for the purpose of auditing the Provider for this <br />Agreement or other agreements of the City. <br />Contract The term "Contract Administrator" shall refer to the Director of <br />Administrator: Business Development and Economic Resources of the <br />Department of Community Investment, City of South Bend. <br />Effective Date: The term "Effective Date" shall mean January 1, 2018. <br />Expiration Date: The term "Expiration Date" shall mean December 31, 2018. <br />Requested Services: The term "Requested Services" shall mean the services described <br />in Exhibit A as well as other related expertise and assistance to the <br />City by Provider. <br />Takes: All governmental assessments, franchise fees, excises, license and <br />permit fees, levies, charges and taxes, of every kind and nature <br />whatsoever, which at any time during the Term may be assessed, <br />levied, or imposed on, or become due and payable out of or in <br />respect of, (i) activities conducted on behalf of the City. <br />SECTION 2. Retention and Acceptance of Provider. <br />A. The BPW hereby retains the Provider to provide the City the Requested Services. <br />The Provider hereby accepts the appointment to provide the Requested Services and agrees to <br />provide the Requested Services under the terms and conditions set forth in this Agreement. The <br />Provider agrees and acknowledges that its performance of the Requested Services will be <br />evaluated based on the measures set forth in Exhibit B. <br />B. Upon receipt of a notice to proceed from the Contract Administrator, the Provider <br />shall commence the Requested Services in accordance with the terms and conditions of this <br />Agreement. <br />C. Should the Provider fail to complete the Requested Services in accordance with <br />the terms and conditions of this Agreement, the Contract Administrator may withhold payment <br />due Provider. Further, if the damages are imposed against Provider, any monies due and payable <br />to the City thereby, may be retained out of any monies earned by the Provider under the terms of <br />this Agreement. An extension of time may be granted in the event of extenuating circumstances <br />by the Provider applying for and receiving written permission for an extension of time from the <br />BPW. <br />SECTION 3. Parties' Responsibilities. <br />A. Information and Communications. The Contract Administrator shall provide all <br />