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<br />The rights and obligations herein constitutes the Project. <br /> <br />3. Unless terminated in accordance with its terms, this Agreement will commence on the <br />Effective Date listed above and end upon the Parties satisfaction of all their obligations <br />hereunder. Notwithstanding the foregoing, effective immediately upon delivery of a <br />written termination notice to Owner, the City may terminate this Agreement, in whole or <br />in part, for any reason, if the City determines that such termination is in the best interest of <br />the City. In addition, in accordance with Ind. Code 6-1.1-18-4, payments are subject to <br />annual appropriation by the City. The City will not be required to pay or be otherwise liable <br />for any cost associated with this Agreement after the effective date of termination. <br /> <br /> <br />4. City agrees to compensate Owner for following expenses upon Cisatisfactory receipt <br />of supporting documentation: <br /> <br />a. Relocation Search Allowance The City agrees to pay the Owner a relocation <br />search allowance up to an amount not to exceed four hundred and forty-nine <br />dollars ($449.00). The allowance was calculated based upon the sum of time and <br />mileage. <br />b. Moving Personal Property from Construction Limits the City agrees to <br />reimburse Owner the actual costs incurred for permanent removal or temporary <br />personal property from the construction limits and adjacent <br />areas to allow demolition and construction to safely take place. The total amount <br />the City agrees to reimburse Owner under this subsection shall not exceed five <br />thousand five hundred fifty-four dollars and eighty cents ($5,554.80). <br /> <br /> <br />5. The Owner does hereby agree to release, indemnify, defend and hold harmless the City, <br />its executives, employees, agents, contractors, or authorized representatives from all <br />proceedings, suits, liability, loss, demand, or judgment, including defense costs and <br />by City as a result of the breach of this <br />negligence, or improper conduct of Owner, its agents, servants, employees, contractors, <br />subcontractors, visitors or licensees which causes any loss, cost, claim, demand, suit, <br />judgment, or liability to be incurred by the City. <br /> <br />6. No failure or delay on the part of either Party in exercising any right under this Agreement <br />will operate as a waiver of, or impair, any such right. No single or partial exercise of any <br />such right will preclude any other or further exercise thereof or the exercise of any other <br />right. No waiver of any such right will have effect unless given in a written document <br />signed by the Party waiving such right. No waiver of any right will be deemed a waiver of <br />any other right hereunder. <br /> <br />7. In the event any portion of this Agreement shall be held illegal, void, or ineffective, the <br />remaining portions hereof shall remain in full force and effect. If any of the terms or <br /> <br />