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

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Page 4 of 20 arising out of the above-said items within the Right-of-Way. This is in addition to representations provided under Section 4.22 of this Agreement. This section of this Agreement shall survive termination of this Agreement. 2.9 If the CITY wishes to install or make any additional improvements within the Right-of- Way, prior to making any additions, the CITY shall submit a design plan to INDOT’s LaPorte District for review and approval. 2.10 Prior to making any additional improvements within the Right-of-Way, the CITY shall apply for a right-of-way permit for all improvements by the CITY (or other parties contracted by the CITY) within the Right-of-Way. This Agreement, in no way, binds INDOT to the issuance of any permit to the CITY. However, INDOT agrees, in good faith, to review the CITY’s application, and if appropriate, issue a permit to the CITY. 2.11 In the event that INDOT determines, in its sole reasonable discretion, that the CITY is not adequately maintaining the Bridge Enhancements, or for any other justified reason (i.e., safety concerns for the motoring public, change in policy, requirement for compliance with federal law or other federal mandate, etc.), INDOT may order the CITY to remove or modify the Bridge Enhancements at the CITY’s expense. Except in cases of emergency (i.e., threat of harm to the traveling public), INDOT will provide ninety (90) days written notice to the CITY that the Bridge Enhancements must be removed or modified. If the Bridge Enhancements are not removed or modified to INDOT’s satisfaction within ninety (90) days of issuance of notice under this Section, INDOT may remove the Bridge Enhancements and bill the CITY for costs of removal. 2.12 The CITY shall pay all the fees for any utility services serving the Bridge Enhancements. Any separately metered utilities shall be billed directly to the CITY, and INDOT shall have no obligation with respect thereto. ARTICLE III. INDOT’S RESPONSIBILITIES 3.1 INDOT shall have approval authority for the CITY’s installation and maintenance plans of the Bridge Enhancements and for any improvements within the Right-of-Way. Such review and approval shall be completed in a reasonable period of time. 3.2 INDOT may inspect the Bridge Enhancements at any time. INDOT will perform a final inspection of the Bridge Enhancements and any improvements and shall notify the CITY of any deficiencies. 3.3 Under no circumstances shall INDOT be responsible for any cost of construction, maintenance, operation, regulation or removal of the Bridge Enhancements or their improvements. 3.4 In the event the CITY fails to timely complete any necessary repairs, inspection, or maintenance to the Bridge Enhancements or remediate any damage caused in whole or in part by the Bridge Enhancements, in the interest of the safety of the motoring public, INDOT may complete any necessary repairs and invoice the CITY for the total cost of the repair. The CITY shall pay each invoice within thirty (30) days of issuance of the invoice. The CITY’s failure to pay