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5A(1) Consulting Agreement
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03-08-11 Packet
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5A(1) Consulting Agreement
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3/4/2011 11:08:20 AM
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3/4/2011 11:05:29 AM
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Administrator: The term "Contract Administrator" shall mean Don Inks. <br />Director of Economic Development for the Community and <br />Economic Development Department. <br />Effective Date: The term "Effective Date" shall have the meaning ascribed <br />to such term in the opening paragraph of this Agreement. <br />Expiration Date: The terns "Expiration Date"' shall mean October 31, 2011. <br />Hathaway: The term "Hathaway' shall mean Hathaway 2, Inc., a <br />domestic corporation organized under the laws of the State <br />of Indiana and having its offices in South Bend, Indiana. <br />Requested Services: The terns "Requested Services" shall mean the services <br />described at EXHIBIT "A ". <br />Taxes: All governmental assessments, franchise fees, excises, <br />license and permit fees, levies, charges and taxes, of every <br />kind and nature whatsoever, which at any time during the <br />Term may be assessed, levied, or imposed on, or become <br />due and payable out of or in respect of, (i) activities <br />conducted on behalf of the Commission. <br />Termination Date: The term "Termination Date"' shall have the meaning <br />ascribed to such term in SECTION 6 of this Agreement. <br />SECTION 2. Retention and Acceptance of Provider, Schedule of <br />Services. <br />A. The Commission hereby retains the Provider to provide to the <br />Commission the Requested Services that are more specifically described at EXHIBIT <br />"A " attached hereto and incorporated herein. The Provider hereby accepts the <br />appointment to provide the Requested Services to the Commission and agrees to provide <br />the Requested Services under the ternis and conditions set forth in this Agreement. <br />B. Upon receipt of a notice to proceed from the Contract Administrator, the <br />Provider shall commence the Requested Services in accordance with the terms and <br />conditions of this Agreement including, but not limited to, the procedures prescribed by <br />Indiana Code § 36-7-14, et seq. and the schedule established for the Project (the "Project <br />Schedule") or as otherwise mutually agreed by the parties in writing. The Project <br />Schedule is more particularly described at EXHIBIT "B" attached hereto and <br />incorporated herein. The Provider hereby certifies that it has sufficient experience, <br />expertise and financial aptitude to complete the Requested Services in the manner and <br />within the timeframe set forth in the Project Schedule. <br />3 <br />
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