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The Provider hereby agrees to defend, indemnify, and hold harmless the City, its <br />officials, directors, employees, and agents from any and all claims of any nature which arise <br />from the performance by the Provider under this Agreement and from all costs and attorney fees <br />in connection therewith. The obligations of the Provider under this Section shall survive the <br />termination or expiration of this Agreement. <br />SECTION 10, Equal Opportunity. <br />The Provider shall comply with federal, state and local law in its hiring and employment <br />practices and policies for any activity covered by this Agreement. <br />SECTION 11. Entire Agreement. <br />This Agreement sets forth the entire agreement and understanding between the Parties as <br />to the subject matter hereof, and merges and supersedes all prior discussions, agreements, and <br />understanding of any and every nature between them. <br />SECTION 12, Law Governing. <br />This Agreement shall be construed and interpreted according to the laws of the State of <br />Indiana. <br />SECTION 13, Assignment. <br />The Provider's obligations under this Agreement may not be assigned or transferred to <br />any other person or entity without the prior written consent of the City. <br />SECTION 14. Amendment. <br />This Agreement may be amended only by separate writing, approved by both the <br />Provider and the City. <br />SECTION 15. Notices. <br />All notices or other communications which are required or permitted under the terms of <br />this Agreement shall be sufficient if delivered personally, by registered or certified mail, return <br />receipt requested, or by generally recognized, prepaid, overnight air courier services, to the <br />address and individual set forth below. All such notices to either party shall be deemed to have <br />been provided when delivered, if delivered personally, three (3) days after mailed, if sent by <br />registered or certified mail, or the next business day, if sent by generally recognized, prepaid, <br />overnight air courier services. <br />City; <br />Director of Business Development and Economic Resources <br />Department of Community Investment <br />City of South Bend <br />