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PSA - LaSalle Park EPA Soil Mitigation Survey and Master Plan - Jones Petrie Rafinski
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PSA - LaSalle Park EPA Soil Mitigation Survey and Master Plan - Jones Petrie Rafinski
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4/16/2020 3:59:42 PM
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Board of Public Works
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Contracts
Document Date
4/14/2020
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employees and prohibiting employment of unauthorized aliens). Each of the foregoing provisions <br />is incorporated herein as if set forth in full, and the Provider certifies that it is in compliance with <br />each such provision and shall remain in compliance through the term of this Agreement. <br /> <br />11. . The Provider agrees, as a condition precedent to the <br />effectiveness of this Agreement, that its authorized representative will execute and submit to the <br />City and any other appropriate bodies an affidavit in the form attached hereto as Exhibit B. <br /> <br />12. Drug-Free Workplace. The Provider hereby agrees to make a good faith effort to <br />provide and maintain a drug-free workplace. The Provider will give written notice to the City <br />within ten (10) days after receiving actual notice that the Provider or an employee of the Provider <br />within the State of Indiana has been convicted of a criminal drug violation occurring in the <br />workplace. <br /> <br />13. Entire Agreement; Amendment; Applicable Law. This Agreement sets forth the <br />entire agreement and understanding between the parties as to the subject matter hereof, and merges <br />and supersedes all prior discussions, agreements, and understanding of any and every nature <br />between them. This Agreement may be amended only by separate writing, signed by authorized <br />representatives of both the Provider and the City. This Agreement will be construed and <br />interpreted according to the laws of the State of Indiana, and any dispute arising out of this <br />the courts located in St. Joseph County, Indiana, unless the Parties mutually agree to a different <br />method of dispute resolution. <br /> <br />14. Severability. All provisions of this Agreement shall be considered as separate terms <br />and conditions, and in the event any one shall be held illegal, invalid or unenforceable, all the other <br />provisions hereof shall remain in full force and effect as if the illegal, invalid, or unenforceable <br />provision were not a part hereof, unless the provision held illegal, invalid or unenforceable is a <br />material provision of this Agreement, in which case the Provider and the City agree to amend this <br />Agreement with replacement provisions containing mutually acceptable terms and conditions. <br /> <br />15. Force Majeure. The Provider shall not be responsible for any failure or delay in the <br />performance of any obligation hereunder, if such failure or delay is due to a cause beyond the <br />control, including, but not limited to acts of God, flood, fire, volcano, war, <br />third-party suppliers, labor disputes or governmental acts. <br /> <br />16. Counterparts. This Agreement may be executed in two or more counterparts, <br />which together shall constitute one and the same agreement among the Parties. <br /> <br /> <br />\[Signature page follows.\] <br /> <br /> <br /> <br /> <br /> <br />3 <br /> <br />
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