Permission to Survey - Proposed Soil Sampling & Excavation Plan at W. Bulla St. – Indiana Michigan Power Company

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DocuSign Envelope ID: 66B58277-EDB4-4740-AA48-43D9E0751599 Property Owner(s): Mailing Address: City, State, Zip: Telephone #: Property Address: (ifdierent from Permission to Survey City of South Bend 227 W. Jefferson Blvd. South Bend, IN 46601 The undersigned hereby give(s) consent and permission for Indiana Michigan Power Company, an Indiana corporation, herein called "AEP", to survey property owned by the City of South Bend at the West end of Bulla Street, in South Bend, Indiana, that is adjacent to AEP parcel number(s): 024-1001-0497, 024-1001-0498, 024-1001-00496, 024-1001-0495, as depicted on Exhibit A, incorporated herein by reference and attachment (the "Property") on or after July 15th, 2020 until the activities contemplated by this agreement are completed. Subject to the conditions in this agreement, it is understood and agreed that AEP shall have the right to enter in and upon the Property at all reasonable times for the purposes of making ecological, environmental and geological studies, including the right to drill holes for testing soil and bedrock, together with the right to make such surveys as may be required in connection with such studies as well as the proposed remediation that may be required as a result of the surveys and tests on the Property (the "Work"). AEP agrees to perform the Work in compliance with all applicable laws and to provide all equipment, tools, electricity, water, and other resources necessary to complete the work. Prior to initiating the Work, AEP will survey the Property to identify any existing utilities and/or sub -surface structures that could be impacted by the performance of the Work. It is further understood and agreed that AEP also has the right to trim or cut vegetation necessary for survey purposes and that it will be responsible for any damage done to the Property in the course of the performance of the Work. At its sole cost and expense at the completion of the Work, AEP will restore the Property to the conditions existing prior to performance of the Work. If soils that are excavated as a result of the Work require special handling or disposal and cannot be returned to the site, AEP shall restore the Property using clean fill. AEP will indemnify, and hold harmless, City of South Bend and its officers, directors, affiliates, partners, and employees for and against all demands and causes of action, including expenses of defense, for and to the extent of (a) AEP's breach of this Agreement; or (b) personal injury, illness, death and property damage arising out of AEP's performance of the Work. This Agreement may not be modified or amended except by a written agreement duly executed by the parties or their respective successors or assigns. This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana regardless of the laws that might otherwise apply under Indiana principles of conflicts of law. This Agreement may be signed in counterparts, each of which shall be deemed an original, and all of which shall together constitute one and the same Agreement. No party may assign or transfer this Agreement or any rights or duties hereunder without the written consent of other party hereto. [Signature Page Follows]