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Beck's Project
<br />Consultant Agreement
<br />(b) Each Party agrees, at its sale cost, to indemnify, defend, and hold harmless the other
<br />Party from and against any damages, liabilities, actions, causes of action, claims, lawsuits,
<br />demands, losses, costs and expenses, including Attorney's fees, arising from or in connection
<br />with the negligence or willful misconduct of the indemnifying Party. Notwithstanding the
<br />foregoing, the limit of Contractor's indemnification liability will be equal to the total amount
<br />paid by City to Contractor under this Agreement.
<br />15. ENTIRE AGREEMENT
<br />This Agreement is the final expression of the Parties' agreement "with respect to the retention of
<br />Contractor by City for the services specified herein and may not be contradicted by evidence of any
<br />prior or contemporaneous agreement. This Agreement may be modified or amended only by a `written
<br />instrument signed by both Parties.
<br />16, FUNDING CANCELI=ATION AND PAYMENTS
<br />In accordance with Ind. Code 6-1.1-18, payments by City are subject to annual appropriation by its
<br />fiscal body.
<br />17. REMEDIES FOR BREACH OF CONTRACT
<br />Contractor's failure to complete the services m accordance with this Agreement, including performing
<br />the services described in Exhibits A and B in the manner described in Section 4, will be considered a
<br />material breach. In the event of such breach, City shall be required to provide Contractor with `xrritten
<br />notice specifying the breach and to allow Contractor ten (10) days to temedy the breach to City's
<br />reasonable satisfaction. In the event that Contractor does not remedy the breach within ten (10) days,
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<br />City may: (1) immediately terminate this Agreement without further notice to Contractor; () suspend
<br />all payments to Contractor for: (a) services not yet invoiced, and {b} services giving rise to Contractor's
<br />breach, regardless of whether such setvices have been invoiced; and (3) pursue any and all remedies
<br />available at law or in equity.
<br />18. NON -COLLUSION AND ACCEPTANCE
<br />The undersigned attests, subject to the penalties fat perjury, that he is the properly authorized
<br />representative, agent, member, or officer of Contractor, that he has not, nor has any other member,
<br />employee, representative, agent, or officer of Contractor, ditectly or indirectly, to the best of the
<br />undetsigaed's knowledge, entered into or offered to enter into any combination, collusion, or
<br />agreement to receive or pay, and that he has not received or paid, any sure of money or other
<br />consideration of the execution of this Agreement other than that which appears upon the fact of this
<br />Agreement.
<br />19.E UAL OPPORTUNITY NON-DISCRIMINATION COMPLIANCE
<br />Contractor shall comply with all applicable laws and regulations in its hiring and employment practices
<br />and act for any activity covered by this Agreement. Contractor shall comply with all state, federal,
<br />and municipal laws, regulations, and standards applicable to its activities pursuant to this Agreement
<br />including, but not limited to, the requirements imposed by Ind. Code 22-9-1 10 (non-discrimination),
<br />the provisions of Ind. Code 5-22-16.5 (disqualification for dealings with the government of Iran), and
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