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

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2.45 Termination for Default. (OMITTED -NOT APPLICABLE) 2.46 Travel. [OMITTED -NOT APPLICABLE] 2.47 Waiver of Rights. No right conferred on either Party under this Agreement shall be deemed waived, and no breach of this Agreement excused, unless such waiver is in writing and signed by the Party claimed to have waived such right. Neither the State's review, approval or acceptance of, nor payment for, the services required under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and the City shall be and remain liable to the State in accordance with applicable law for all damages to the State caused by the City's negligent performance of any of the services furnished under this Agreement. 2.48 Work Standards. The City shall execute its responsibilities by following and applying at all times the highest professional and technical guidelines and standards. IfINDOT becomes dissatisfied with the work product of or the working relationship with those individuals assigned to work on this Agreement, INDOT may request in writing the replacement of any or all such individuals, and the City shall grant such request. 2.49 State Boilerplate Affirmation Clause. (OMITTED -NOT APPLICABLE) REMAINDER OF PAGE INTENTIONALLY LEFT BLANK -14 -