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Page 15 of 20 <br />B. For CITY: <br /> Zach Hurst, Project Engineer <br /> 227 W Jefferson Blvd, Room 1316 <br /> South Bend, IN 46601 <br /> Email: zhurst@southbendin.gov <br /> 574-235-5888 <br /> <br /> With Copies To: <br /> Brett Sauter, Vice President of Structures <br /> 8725 W. Higgins Road, Suite 600 <br /> Chicago, IL 60631 <br /> Email: bsauter@ciorba.com <br /> 773-355-2936 <br /> <br />4.32 Order of Precedence; Incorporation by Reference. [OMITTED - NOT <br />APPLICABLE.] <br /> <br />4.33 Ownership of Documents and Materials. [OMITTED – NOT APPLICABLE.] <br /> <br />4.34 Payments. [OMITTED – NOT APPLICABLE.] <br /> <br />4.35 Penalties, Interest and Attorney's Fees. INDOT will in good faith perform its required <br />obligations hereunder, and does not agree to pay any penalties, liquidated damages, interest, or <br />attorney's fees, except as required by Indiana law in part, IC §5-17-5, IC §34-54-8, and IC §34-13-1. <br />Notwithstanding the provisions contained in IC §5-17-5, any liability resulting from the State’s <br />failure to make prompt payment shall be based solely on the amount of funding originating from <br />the State and shall not be based on funding from federal or other sources. <br /> <br />4.36 Progress Reports. [OMITTED – NOT APPLICABLE.] <br /> <br />4.37 Public Record. The CITY acknowledges that the State will not treat this Agreement as <br />containing confidential information and will post this Agreement on its website as required by <br />Executive Order 05-07. Use by the public of the information contained in this Agreement shall not <br />be considered an act of the State. <br /> <br />4.38 Renewal Option. This Agreement may be renewed under the same terms and conditions, <br />subject to the approval of the Commissioner of the Department of Administration and the State <br />Budget Director in compliance with IC §5-22-17-4. The term of the renewed Agreement may not <br />be longer than the term of the original Agreement. <br /> <br />4.39 Severability. The invalidity of any section, subsection, clause, or provision of this <br />Agreement shall not affect the validity of the remaining sections, subsections, clauses, or provisions <br />of this Agreement. <br />