Amended Indemnification Agreement - Police Use of Test Track for Emergency Vehicle Operations Testing - The Tire Rack, Inc.

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City of South Bend/Tire Rack AMENDED- Indemnification Agreement 2020 AMENDED INDEMNIFICATION AGREEMENT BETWEEN THE CITY OF SOUTH BEND AND TIRE RACK The Tire Rack, Inc. ("Owner"), is the owner of certain real property at: 7101 Vorden Parkway, South Bend, Indiana ("Tire Rack Property"). Owner is willing to allow the South Bend Police Department to use Tire Rack Property for the purpose of providing Emergency Vehicle Operation ("EVOC") training to the South Bend Police Department on April 6th through, and including, April 10th, 2020 and on September 30th through, and including, October 2nd, 2020. In consideration for Owner allowing the City of South Bend to use Tire Rack Property to help train the South Bend Police Department drivers, the City of South Bend hereby agrees to defend the Owner, its officers and employees, from any claims or suits arising out of the use of the Tire Rack Property by the South Bend Police Department. In the event of any Judgment arising out of any such claim or suit against Owner, its officers or employees, City shall indemnify Owner up to the limits set forth in the Indiana Tort Claims Act. As a condition precedent to the right of indemnification tinder this Act, Owner, officers, or employees shall tender in writing to the South Bend Corporation Counsel any and all suit papers, demands, notices, summonses, complaints, or other process received by Owner arising out of the use of the Tire Rack Property by the South Bend Police Department within twenty-four (24) hours of receipt, or as promptly as reasonably possible, so that the City of South Bend can adequately respond in a timely fashion. Owner, officers, and employees shall fully cooperate with the City in the conduct of its investigations, possible settlement, and defense of any legal proceedings. (Signature Page Follows) Page 1 of 2