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Joint Use and Maintenance Agrmt - Decorative Lettering South Bend US 31 By Pass & Michigan Street – INDOT
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Joint Use and Maintenance Agrmt - Decorative Lettering South Bend US 31 By Pass & Michigan Street – INDOT
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7/27/2021 2:49:49 PM
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7/27/2021 2:49:38 PM
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Board of Public Works
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Contracts
Document Date
7/27/2021
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Page 16 of 20 <br />4.40 Status of Claims. The CITY shall be responsible for keeping INDOT currently advised as <br />to the status of any claims made for damages against the CITY resulting from services performed <br />under this Agreement. <br /> <br />4.41 Substantial Performance. This Agreement shall be deemed to be substantially <br />performed only when fully performed according to its terms and conditions and any written <br />amendments or supplements. <br /> <br />4.42 Taxes. The State is exempt from most state and CITY taxes and many federal taxes. The <br />State will not be responsible for any taxes levied on the CITY or its contractors as a result of this <br />Agreement. <br /> <br />4.43 Termination for Convenience. This Agreement may be terminated, in whole or in part, <br />by INDOT whenever, for any reason, INDOT determines that such termination is in its best <br />interest. Termination shall be affected by delivery to the CITY of a Termination Notice at least <br />thirty (30) days prior to the termination effective date, specifying the extent to which performance <br />of services under such termination becomes effective. <br /> <br />4.44 Termination for Default. [OMITTED – NOT APPLICABLE.] <br /> <br />4.45 Travel. [OMITTED – NOT APPLICABLE.] <br /> <br />4.46 Indiana Veteran’s Business Enterprise Compliance. [OMITTED – NOT <br />APPLICABLE.] <br /> <br />4.47 Waiver of Rights. No right conferred on either party under this Agreement shall be deemed <br />waived, and no breach of this Agreement excused, unless such waiver is in writing and signed by <br />the party claimed to have waived such right. Neither the State’s review, approval or acceptance of, <br />nor payment for, the work performed under this Agreement shall be construed to operate as a waiver <br />of any rights under this Agreement or of any cause of action arising out of the performance of this <br />Agreement, and the CITY shall be and remain liable to the State in accordance with applicable law <br />for all damages to the State caused by the CITY’s negligent performance of any of the services <br />furnished under this Agreement. <br /> <br />4.48 Work Standards. [OMITTED – NOT APPLICABLE.] <br /> <br />4.49 State Boilerplate Affirmation Clause. I swear or affirm under the penalties of perjury <br />that I have not altered, modified, changed or deleted the State’s standard contract clauses (as <br />contained in the 2021 OAG/ IDOA Professional Services Contract Manual or the 2021 SCM <br />Template) in any way except as follows: None. <br /> <br />THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK
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