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

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Page 12 of 20 set forth above. The duty to indemnify the State under this Agreement shall not be limited by the insurance required in this Agreement. 4. The insurance required in this Agreement, through a policy or endorsement(s), shall include a provision that the policy and endorsements may not be canceled or modified without thirty (30) days’ prior written notice to the undersigned State agency. 5. The Contractor waives and agrees to require their insurer to waive their rights of subrogation against the State of Indiana. C. Failure to provide insurance as required in this Agreement may be deemed a material breach of contract entitling the State to immediately terminate this Agreement. The Contractor shall furnish a certificate of insurance and all endorsements to the State before the commencement of this Agreement. 4.26 Key Person(s). [OMITTED – NOT APPLICABLE.] 4.27 Licensing Standards. [OMITTED – NOT APPLICABLE.] 4.28 Merger & Modification. This Agreement constitutes the entire agreement between the Parties. No understandings, agreements, or representations, oral or written, not specified within this Agreement will be valid provisions of this Agreement. This Agreement may not be modified, supplemented, or amended, except by written agreement signed by all necessary Parties. 4.29 Minority and Women’s Business Enterprises Compliance. [OMITTED - NOT APPLICABLE.] 4.30 Non-Discrimination. A. Pursuant to the Indiana Civil Rights Law, specifically including IC 22-9-1-10, and in keeping with the purposes of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Americans with Disabilities Act, the CITY covenants that it shall not discriminate against any employee or applicant for employment relating to this Agreement with respect to the hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of the employee’s or applicant’s race, color, national origin, religion, sex, age, disability, ancestry, status as a veteran, or any other characteristic protected by federal, state or local law (“Protected Characteristics”). The CITY certifies compliance with applicable federal laws, regulations and executive orders prohibiting discrimination based on the Protected Characteristics in the provision of services. Breach of this paragraph may be regarded as a material breach of this Agreement, but nothing in this paragraph shall be construed to imply or establish an employment relationship between the State and any applicant or employee of the CITY or any subcontractor.