Joint Use and Maintenance Agrmt - Decorative Lettering South Bend US 31 By Pass & Michigan Street

Home Browse Search

Page 10 of 20 the Force Majeure Event, the Party whose ability to perform has not been so affected may, by giving written notice, terminate this Agreement. 4.19 Funding Cancellation Clause. As required by Financial Management Circular 2007-1 and IC 5-22-17-5, when the Director of the State Budget Agency makes a written determination that funds are not appropriated or otherwise available to support continuation of the performance of this Agreement, this Agreement shall be canceled. A determination by the Director of State Budget Agency that funds are not appropriated or otherwise available to support continuation of performance shall be final and conclusive. 4.20 Governing Law. This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Indiana, without regard to its conflict of laws rules. Suit, if any, must be brought in the State of Indiana. 4.21 HIPAA Compliance. [OMITTED – NOT APPLICABLE.] 4.22 Indemnification. The CITY agrees to indemnify, defend, exculpate and hold harmless the State of Indiana, INDOT, and their officials and employees from any liability due to loss, damage, injuries, or other causalities of whatever kind, to the person or property of anyone arising out of, or resulting from the performance of this Agreement or the work connected therewith, or from the installation, existence, use, maintenance, condition, repairs, alteration or removal of any equipment or material, to the extent such liability is caused by the negligence of the CITY, including any claims arising out the Worker's Compensation Act or any other law, ordinance, order or decree. INDOT shall not provide indemnification to the CITY. The CITY agrees to pay all reasonable expenses and attorney's fees incurred by or imposed on the State and INDOT in connection herewith in the event that the CITY shall default under the provisions of this Section. 4.23 Independent Entity; Workers’ Compensation Insurance. The CITY is performing as an independent entity under this Agreement. No part of this Agreement shall be construed to represent the creation of an employment, agency, partnership, or joint venture agreement between the Parties. Neither Party will assume liability for any injury (including death) to any persons, or damage to any property, arising out of the acts or omissions of the agents, employees, or subcontractors of the other Party. The CITY shall provide all necessary unemployment and workers’ compensation insurance for the CITY’s employees and shall provide the State with a Certificate of Insurance evidencing such coverage prior to starting work under this Agreement. 4.24 Information Technology Enterprise Architecture Requirements. [OMITTED – NOT APPLICABLE.] 4.25 Insurance. A. The Contractor and its subcontractors (if any) shall secure and keep in force during the term of this Agreement the following insurance coverages (if applicable) covering the Contractor for any and all claims of any nature which may in any manner arise out of or result from Contractor’s performance under this Agreement: