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City of South Bend/Tire Rack <br />AMENDED-Indemnification Agreement2020 <br />AMENDED INDEMNIFICATION AGREEMENT <br />BETWEEN <br />THE CITY OF SOUTH BEND AND TIRE RACK <br />TheTireRack,Inc.("Owner"),istheownerofcertainrealpropertyat:7101 <br />VordenParkway,SouthBend,Indiana("TireRackProperty"). Owneriswillingtoallowthe <br />South BendPoliceDepartmenttouseTireRackProperty for the purpose of providing <br />Emergency Vehicle Operation("EVOC") training to the South Bend Police Department on <br />April 6ththrough,and including,April 10th, 2020and onSeptember30ththrough, and <br />including,October 2nd, 2020.In consideration for Owner allowing the City of South Bend to <br />use Tire Rack Property to help train the South Bend Police Department drivers, the City of <br />South Bend hereby agrees to defend the Owner, its officers and employees,from any claims or <br />suits arising out of the use of the Tire Rack Property by the South Bend Police Department. In <br />the event of any Judgment arising out of any such claim or suit against Owner, its officers or <br />employees, City shall indemnify Owner up tothe limits set forth in the Indiana Tort Claims <br />Act. <br />As a condition precedent to the right of indemnification under this Act, Owner, <br />officers,or employees shall tender in writing to the South Bend Corporation Counselanyand <br />allsuitpapers,demands,notices,summonses,complaints,orotherprocessreceivedby <br />OwnerarisingoutoftheuseoftheTireRackPropertybytheSouthBendPoliceDepartment <br />within twenty-four (24)hours of receipt, or as promptly as reasonably possible,so that the City <br />of South Bend can adequatelyrespondin a timely fashion.Owner, officers, and employees <br />shallfully cooperatewiththeCity intheconduct of its investigations, possible settlement, <br />and defense ofany legalproceedings. <br />(Signature Page Follows) <br />Page 1of 2 <br /> <br />