Professional Services Agreement - Indiana Finance Authority Indiana Brownsfield Program

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Any inconsistency or ambiguiry in this Agreement shall be resolved by c,jving precedence in the follo"Ing order, 0 ) This A-reeinem (2) Exhibits/Schedules prepared by the Authority: ji n z� - I Z� I'd (3) F.'.'dlibits/Schedules prepared by the SET Recipient. All of the foregoing are incorporated fully by reference. All exhibits and attachments, and any other documents, Law and papers referred to in this Agreement are hereby incorporated fully by reference as though fully set forth in this Agreement. 30. CONFLICT OF ]INTEREST: A. As used in this section: "Immediate Family" means the spouse and the emancipated children of an individual. "Interested Party" means: (1) The individual executing this Agreement; (2) Any individual who has an interest of three percent or more of the SEP Recipient; or (3) Any member of the Immediate Family of an individual specified under subdivision (1) or (2). "Commission" means the State Ethics Commission. B. The Authority may cancel this Agreement without recourse by SEP Recipient if an Interested Party is an employee of the Authority or the State. C. The Authority will not exercise its right to cancel this Agreeniew under this Section if the SEP Recipient gives the Authority an opinion of the Commission indicating that the existence of this Agreement and the employment by the Authority or the State of the Interested Party does not violate any statute or code relating to ethical conduct of employees of the Authority or State employees. The Authority may take action, including cancellation of this Agreement, consistent with an opinion of the Commission. D. The SEP Recipient has an affirmative obligation under this Agreement to disclose to the Authority when an Interested Party is, or becomes, an employee of the Authority or the State. The obligation under this Section extends only to those facts that the SEP Recipient knows or reasonably should know. Through the use of SEP Funds, the SEP Recipient may obtain environmental data that may be used to recover moneys from insurance policies providing coverage for Project Activities undertaken due to environmental contamination at the Site. Under this Agreement, any moneys recovered from such insurance policies will be deemed to be moneys leveraged by the Brownfields Fund. In the event the amount of such moneys exceeds the total cost of Project Activities and any other remediation of contamination undertaken by the SEP Recipient at the Site, the SEP Recipient agrees to use such excess funds for brownfield redevelopment activities approved by the Authority. If the SEP Recipient does not use such excess funds in full as provided in this Section within 2 years of the receipt of such Funds, the SEP Recipient shall promptly transfer any remaining7 funds to the Authority by causing the SEP to be repaid, The Authority may request documentation (torn the SEP Recipient about such insurance policies, any settlements that provide recovery, any excess funds and their use,, including, but not limited to, additional remedialion or brownfields redevelopment. The conditions on the Use Of Such excess funds as provided in this Section survive the terra of this Agreement, IM