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12-13-12 Packet
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1/22/2013 7:22:01 PM
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12/10/2012 4:20:09 PM
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8. The BPW shall have sole responsibility to inspect,on behalf of the Commission,all <br /> aspects of the Projects although the Commission reserves the right, at any time, to conduct such <br /> independent inspections as it deems appropriate. If any Project is not completed in accordance with <br /> specifications or is unsatisfactory for any reason,the BPW, during the term of this Master Agency <br /> Agreement, shall make any and all claims on account thereof against any responsible third party. <br /> 9. The Commission hereby assigns to the BPW,during the term of this Master Agency <br /> Agreement, all its rights and benefits pursuant to any warranties, duties or obligations of any <br /> manufacturer,wholesaler, retailer, installer, contractor or subcontractor who provides any labor or <br /> materials for or in any of the Projects. <br /> 10. The BPW, on behalf of the Commission, shall be responsible for processing all <br /> contractor claims for payment, consistent with its standard procedures. <br /> 11. The parties acknowledge that it is the responsibility of the Commission to carry, or <br /> cause others to carry, all risk insurance including bodily injury and property damage insurance and <br /> the BPW shall have no responsibility to obtain such insurance coverage. <br /> 12. The BPW shall accept each of the completed Projects on behalf of the Commission. <br /> 13. The terms and conditions of this Master Agency Agreement shall inure to the benefit <br /> of and bind the respective parties hereto and their successors in interest and assigns,and no portion <br /> of this Master Agency Agreement may be assigned by any party without the prior written consent of <br /> the other party. <br /> 14. The agency provisions herein contained apply only as stated and shall not be deemed <br /> to create any partnership,joint venture or other enterprise of any type or nature between the South <br /> Bend Redevelopment Commission and the South Bend Board of Public Works. <br />
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