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2 <br />partnership between the Provider and the City and agree that nothing contained herein or in any <br />document executed in connection herewith shall be construed as creating any such relationship <br />between the City and the Provider. <br /> <br />7. Indemnification of City. The Provider hereby agrees to defend, indemnify, and <br />hold harmless the City, its officials, employees, and agents from any and all claims of any nature <br />which arise from the performance by the Provider under this Agreement and from all costs and <br />attorney fees in connection therewith, excepting for claims arising out of the negligence of the <br />City, its officials, directors, employees, and agents. The obligations of the Provider under this <br />section shall survive the termination of this Agreement. <br /> <br />8. Assignment. The Provider shall not assign or subcontract the whole or any part of <br />this Agreement or its obligations hereunder without the prior written consent of the City. <br /> <br />9. Notices. Any notice required or permitted to be delivered hereunder shall be <br />deemed to be delivered, whether or not actually received, when deposited in the United States <br />Postal Service, postage prepaid, registered or certified mail, return receipt requested, addressed to <br />the City or the Provider, as the case may be, at the address set forth below. <br /> <br />Provider: <br />Recreation Insites <br />12237 Westmorland Drive <br /> <br />Fishers, IN 46037 <br />Attn: Melissa Guffey <br /> <br />City <br />City of South Bend <br />Dept. of Public Works <br />227 W. Jefferson Blvd., Ste. 1316 <br />South Bend, IN 46601 <br /> Attn: Zach Hurst, PE <br />10. Equal Opportunity; Non-Discrimination; Compliance. The Provider shall comply <br />with all applicable laws and regulations in its hiring and employment practices and policies for <br />any activity covered by this Agreement. The Provider shall comply with all state, federal, and <br />municipal laws, regulations, and standards applicable to its activities pursuant to this Agreement <br />including, but not limited to, the requirements imposed by Ind. Code 22-9-1-10 (non- <br />discrimination), the provisions of Ind. Code 5-22-16.5 (disqualification for dealings with the <br />government of Iran), and the provisions of Ind. Code 22-5-1.7 (requiring E-Verify for new <br />employees and prohibiting employment of unauthorized aliens). Each of the foregoing provisions <br />is incorporated herein as if set forth in full, and the Provider certifies that it is in compliance with <br />each such provision and shall remain in compliance through the term of this Agreement. <br /> <br />11. Drug-Free Workplace. The Provider hereby agrees to make a good faith effort to <br />provide and maintain a drug-free workplace. The Provider will give written notice to the City <br />within ten (10) days after receiving actual notice that the Provider or an employee of the Provider <br />within the State of Indiana has been convicted of a criminal drug violation occurring in the <br />workplace. <br /> <br />12. Entire Agreement; Amendment; Applicable Law. This Agreement sets forth the <br />entire agreement and understanding between the parties as to the subject matter hereof, and merges <br />and supersedes all prior discussions, agreements, and understanding of any and every nature