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

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Page 5 of 20 3.4. Use of Right-of-Way. The CITY shall notify INDOT of its intent to enter onto state-owned or controlled right-of-way (“Right-of-Way”) for the purposes of inspecting, maintaining, operating, and repairing the Associated Work in compliance with state and federal law, and when required by INDOT, shall obtain a permit from INDOT. The CITY shall not enter into the Right- of-Way until the CITY has received written approval from INDOT, which shall not be unreasonably withheld, to enter into the Right-of-Way. INDOT shall only be required to approve the CITY's request to enter upon the Right-of-Way if the CITY's request is consistent with all applicable federal and state laws and this Agreement. 3.5. Project Coordination. INDOT and the CITY agree to coordinate all plans and schedules pertaining to the Project if the CITY’s Associated Work occurs simultaneously with INDOT’s Project. ARTICLE IV. GENERAL PROVISIONS 4.1. Access to Records. The CITY shall maintain all books, documents, papers, correspondence, accounting records and other evidence pertaining to the cost incurred under this Agreement, and shall make such materials available at their respective offices at all reasonable times during the period of this Agreement and for ten (10) years from the date of final payment under the terms of this Agreement, for inspection or audit by INDOT, or its authorized representative, and copies thereof shall be furnished free of charge, if requested by INDOT. The CITY agrees that, upon request by any party or state or federal agency, INDOT may release or make available to the agency any working papers from an audit performed by INDOT of the CITY in connection with this Agreement, including any books, documents, papers, accounting records and other documentation which support or form the basis for the audit conclusions and judgments. 4.2. Assignment; Successors. The CITY binds its successors and assignees to all the terms and conditions of this Agreement. Except as otherwise specifically provided herein, the CITY shall not assign or subcontract the whole or any part of this Agreement without INDOT’s prior written consent. 4.3. Assignment of Antitrust Claims. As part of the consideration for this Agreement, the CITY assigns to the State all right, title and interest in and to any claims the CITY now has, or may acquire, under state or federal antitrust laws relating to the products or services which are the subject of this Agreement. 4.4. Audits. The CITY acknowledges that it may be required to submit to an audit of funds paid, if any, through this Agreement. Any such audit shall be conducted in accordance with IC §5- 11-1, et seq., and audit guidelines specified by the State. 4.5. Authority to Bind the Local. The signatory for the CITY represents that he/she has been duly authorized to execute this Agreement on behalf of the CITY and has obtained all necessary or applicable approvals to make this Agreement fully binding upon the CITY when his/her signature is affixed and accepted by the State. 4.6. Changes in Work. The CITY shall not commence any additional work or change the scope