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Services necessitates a high level of care on its part to ensure the safety of its employees <br />and the safety of others, including, but not limited to, requiring protective gear and <br />maintaining insurance. The Provider represents and warrants that it has and will maintain <br />liability and workers compensation insurance for its business and that it will require its <br />employees to wear any necessary protective gear, which gear the City will provide or cause <br />to be provided. The Provider hereby agrees to indemnify, defend, and hold harmless the <br />City and its officials, employees, and agents, from any and all claims of any nature which <br />arise from the performance by the Provider under this Agreement and from all costs and <br />attorney fees in connection therewith, except for claims arising out of the negligence or <br />intentional acts or omissions of the City or its officials, directors, employees, or agents. <br />The obligations of the Provider under this section shall survive the termination of this <br />Agreement. <br />10. Assigmnent. The Provider shall not assign or subcontract the whole or any <br />part of this Agreement or its obligations hereunder without the prior written consent of the <br />City. <br />11. Notices. Any notice required or permitted to be delivered hereunder shall <br />be deemed to be delivered when deposited in the United States Postal Service, postage <br />prepaid, registered or certified mail, return receipt requested, addressed to the City or the <br />Provider, as the case may be, at the address set forth below. <br />Provider: <br />Mikolajewski & Associates, Inc. <br />325 S. Summit Drive <br />South Bend, IN 46619 <br />Attn: Eugene Mikolajewski <br />City: <br />City of South Bend, Indiana <br />Department of Community Investment <br />227 W. Jefferson Boulevard, Suite 1400 S. <br />South Bend, IN 46601 <br />Attn: Pamela Meyer <br />12. LIt1A �ority. Each undersigned person executing and delivering this <br />Agreement on behalf of a Party represents and warrants that he or she is a duly authorized <br />representative of such Party and that he or she has been fully empowered to execute and <br />deliver this Agreement on behalf of such Party. <br />13. l cl tralm- llpwc t 2 t Non- Discrii ination Com ill ance, The Provider shall <br />comply with all applicable laws and regulations in its hiring and employment practices and <br />policies for any activity covered by this Agreement. The Provider shall comply with all <br />federal, state, and municipal laws, regulations, and standards applicable to its activities <br />pursuant to this Agreement including, but not limited to, the requirements imposed by Ind. <br />Code 22-9-1-10 (non-discrimination), the provisions of Ind. Code 5-22-16.5 <br />(disqualification for dealings with the government of Iran), and the provisions of Ind. Code <br />22-5-1.7 (requiring E-Verify for new employees and prohibiting employment of <br />unauthorized aliens). Each of the foregoing provisions is incorporated herein as if set forth <br />in full, and the Provider certifies that it is in compliance with each such provision and shall <br />remain in compliance through the term of this Agreement. <br />14. D., rug-Frc c, Wor pla q. The Provider hereby agrees to make a good faith <br />