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Agreements - Concrete Curb & Channelization Median at Grandview – Northern IN Commuter Transportation District
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Agreements - Concrete Curb & Channelization Median at Grandview – Northern IN Commuter Transportation District
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12/15/2021 8:19:23 AM
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12/15/2021 8:19:16 AM
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Board of Public Works
Document Type
Contracts
Document Date
12/14/2021
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6 <br /> <br /> Attention: Director of Public Works <br /> 227 W. Jefferson Blvd. <br /> South Bend, IN 46601 <br /> <br />14. Assignment. The rights hereunder granted are non-assignable by Licensee, and inure to <br />the benefit of Licensee only for the purposes herein stated. Licensee is not permitted to <br />grant rights to any person, firm or corporation under this License Agreement. The rights <br />hereunder granted shall be subordinate and subservient to the rights of NICTD to use its <br />property for any and all railroad, parking, and ancillary purposes; and in the event that the <br />rights and privileges hereunder granted to Licensee shall in any way prevent or interfere <br />with any of NICTD’s uses of its property for the aforementioned purposes, such rights shall <br />be limited and further restricted so as to permit the use of said property for railroad, parking, <br />and ancillary purposes by NICTD. Any attempt by Licensee to assign this License shall <br />automatically be null and void and this Agreement shall terminate automatically upon any <br />such attempted assignment. <br /> <br />15. Liens. Licensee shall not create or suffer to exist any lien or encumbrance upon NICTD’s <br />property. Any contract entered into by Licensee providing for installation, maintenance, <br />or restoration to be performed on NICTD’s property shall expressly provide that no lien <br />may be placed upon such property. <br /> <br />16. Licensee’s Breach. In the event of Licensee’s breach of any of the terms or conditions of <br />this License Agreement, Licensee shall reimburse NICTD or for all its costs, including all <br />attorney fees and out of pocket expenses, including all costs of its paid staff, all without <br />limitation, incurred by it as a result of any such breach, whether or not litigation ensues. <br />Licensee agrees to pay NICTD’s claim in the amount of all aforementioned costs and/or <br />fees incurred within ten (10) days of such claim being delivered to Licensee at the address <br />stated above. No other notice is required or contemplated pursuant to this Agreement. <br /> <br />17. Authority. Each party warrants that it has all of the requisite authority to execute this <br />License Agreement and to carry out all obligations under this Agreement. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />
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