Interlocal Cooperative Agreement - Replacement Agreement Pavement Improvements & Water Main Cleveland US31

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Page 15 of 20 4.32. Notice to PARTIES. Whenever any notice, statement or other communication is required under this Agreement, it shall be sent to the following addresses, unless otherwise specifically advised: A. For INDOT: Michael Grylewicz, Project Manager 315 E. Boyd Blvd. LaPorte, IN 46350 MGrylewicz@indot.IN.gov With Copy To: ATTN: Chief Legal Counsel and Deputy Commissioner Indiana Department of Transportation 100 North Senate Avenue, N758—Legal Services Indianapolis, IN 46204 B. For the CITY: Kara Boyles, City Engineer City of South Bend County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 4.33. Order of Precedence; Incorporation by Reference. [OMITTED – NOT APPLICABLE.] 4.34. Ownership of Documents and Materials. [OMITTED – NOT APPLICABLE.] 4.35. Payments. [OMITTED – NOT APPLICABLE.] 4.36. Penalties, Interest and Attorney's Fees. INDOT will in good faith perform its required obligations hereunder, and does not agree to pay any penalties, liquidated damages, interest, or attorney's fees, except as required by Indiana law in part, IC §5-17-5, IC §34-54-8, and IC §34-13- 1. Notwithstanding the provisions contained in IC §5-17-5, any liability resulting from the State’s failure to make prompt payment shall be based solely on the amount of funding originating from the State and shall not be based on funding from federal or other sources. 4.37. Progress Reports. [OMITTED – NOT APPLICABLE.] 4.38. Public Record. The CITY acknowledges that the State will not treat this Agreement as containing confidential information and will post this Agreement on its website as required by Executive Order 05-07. Use by the public of the information contained in this Agreement shall not be considered an act of the State.