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Interlocal Cooperative Agreement - Replacement Agreement Pavement Improvements & Water Main Cleveland US31 – INDOT
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Interlocal Cooperative Agreement - Replacement Agreement Pavement Improvements & Water Main Cleveland US31 – INDOT
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7/13/2021 4:38:29 PM
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Board of Public Works
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Contracts
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7/13/2021
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<br /> <br />Page 10 of 20 <br /> <br /> The State may terminate for default if the CITY fails to cure a breach of this provision no <br />later than thirty (30) days after being notified by the State. <br /> <br />4.17. Employment Option. [OMITTED – NOT APPLICABLE.] <br /> <br />4.18. Force Majeure. In the event that any party is unable to perform any of its obligations under <br />this Agreement or to enjoy any of its benefits because of natural disaster or decrees of <br />governmental bodies not the fault of the affected party (hereinafter referred to as a “Force Majeure <br />Event”), the party who has been so affected shall immediately or as soon as is reasonably possible <br />under the circumstances give notice to the other party and shall do everything possible to resume <br />performance. Upon receipt of such notice, all obligations under this Agreement shall be <br />immediately suspended. If the period of nonperformance exceeds thirty (30) days from the receipt <br />of notice of the Force Majeure Event, the party whose ability to perform has not been so affected <br />may, by giving written notice, terminate this Agreement. <br /> <br />4.19. Funding Cancellation Clause. As required by Financial Management Circular 2007-1 and <br />IC 5-22-17-5, when the Director of the State Budget Agency makes a written determination that <br />funds are not appropriated or otherwise available to support continuation of the performance of <br />this Agreement, this Agreement shall be canceled. A determination by the Director of State Budget <br />Agency that funds are not appropriated or otherwise available to support continuation of <br />performance shall be final and conclusive. <br /> <br />4.20. Governing Laws. This Agreement shall be governed, construed, and enforced in <br />accordance with the laws of the State of Indiana, without regard to its conflict of laws rules. Suit, <br />if any, must be brought in the State of Indiana. <br /> <br />4.21. HIPAA Compliance. [OMITTED – NOT APPLICABLE.] <br /> <br />4.22. Indemnification. The CITY agrees to indemnify, defend, exculpate and hold harmless the <br />State of Indiana, INDOT, and their officials and employees from any liability due to loss, damage, <br />injuries, or other causalities of whatever kind, to the person or property of anyone arising out of, <br />or resulting from the performance of this Agreement or the work connected therewith, or from the <br />installation, existence, use, maintenance, condition, repairs, alteration or removal of any equipment <br />or material, to the extent such liability is caused by the negligence of the CITY, including any <br />claims arising out the Worker's Compensation Act or any other law, ordinance, order or decree. <br />INDOT shall not provide indemnification to the CITY. The CITY agrees to pay all reasonable <br />expenses and attorney's fees incurred by or imposed on the State and INDOT in connection <br />herewith in the event that the CITY shall default under the provisions of this Section. <br /> <br />4.23. Independent Entity; Workers’ Compensation Insurance. The CITY is performing as <br />an independent entity under this Agreement. No part of this Agreement shall be construed to <br />represent the creation of an employment, agency, partnership, or joint venture agreement between <br />the PARTIES. Neither party will assume liability for any injury (including death) to any persons, <br />or damage to any property, arising out of the acts or omissions of the agents, employees, or <br />subcontractors of the other party. The CITY shall provide all necessary unemployment and
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