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6B (2)
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01-24-12 Packet
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6B (2)
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11/1/2012 11:45:06 AM
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due and payable out of or in respect of, (i) activities <br />conducted on behalf of the Commission. <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 terms 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 />C. Should the Provider fail to complete the Requested Services in accordance <br />with the terms and conditions of this Agreement including, but not limited to, in <br />accordance with the Project Schedule, the Contract Administrator may withhold <br />payments due the Provider. Further, if any damages are imposed against the Provider, <br />any monies due and payable to the City thereby, may be retained out of any monies <br />earned by the Provider under the terms of this Agreement. An extension of time may be <br />granted in the event of extenuating circumstances by the Provider applying for and <br />receiving written permission for an extension of time from the Commission. <br />SECTION 3. Parties' Responsibilities. <br />A. Information and Communications. The Commission shall provide all <br />maps, reports, and other data requested by the Provider necessary for the Provider to <br />accomplish the Requested Services. The Commission and the Provider agree that the <br />Commission shall be permitted to obtain at no additional cost and to retain any and all <br />documents prepared or caused to be prepared by the Provider in connection with the <br />services to be provided by the Provider and the Provider agrees to provide the <br />Commission with said documents upon request by the Commission. Said documents <br />may be used by the City or others with respect to the Commission's undertakings with <br />respect to the Project. <br />
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