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

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payments otherwise due to the City from INDOT under this or any other agreement to partially or wholly satisfy such outstanding balances. In addition, to satisfy any outstanding balance owed, INDOT reserves the right to withhold any and all distributions of discretionary federal funds normally issued or allocated to the City. 2.36 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, IC §34-13-1 and IC §34-52-2. Notwithstanding the provisions contained in IC §5-17-5, any liability resulting from the State's failure to make prompt payment, if any, 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. 2.37 Progress Reports. [OMITTED -NOT APPLICABLE] 2.38 Public Record. The City acknowledges that the State will not treat this Agreement as containing confidential information, and will post this Agreement on the transparency portal as required by IC §5-14-3.5-2. Use by the public of the information contained in this Agreement shall not be considered an act of the State. 2.39 Renewal Option. This Agreement may be renewed under the same terms and conditions, subject to the approval of the Commissioner of the Indiana Department of Administration and the State Budget Director in compliance with IC §5-22-17-4. The term of the renewed agreement may not be longer than the term of the original Agreement. 2.40 Severability. The invalidity of any section, subsection, clause or provision of this Agreement shall not affect the validity of the remaining sections, subsections, clauses or provisions of this Agreement. 2.41 Status of Claims. The City shall be responsible for keeping INDOT currently advised as to the status of any claims made for damages against the City resulting from services performed under this Agreement. 2.42 Substantial Performance. This Agreement shall be deemed to be substantially performed only when fully performed according to its terms and conditions and any written amendments or supplements. 2.43 Taxes. The State is exempt from most state and local taxes and many federal taxes. The State will not be responsible for any taxes levied on the City or its contractors as a result of this Agreement. 2.44 Termination for Convenience. [OMITTED -NOT APPLICABLE] -13 -