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PERMIT AND INDEMNIFICATION AGREEMENT
<br />1. Indemnity Agreement.
<br />KNOW ALL MEN BY THESE PRESENTS THAT, The City of South Bend Indiana by and through its Board of Public
<br />Works (“Applicant”), have requested and do request permission from NORTHERN INDIANA COMMUTER
<br />TRANSPORTATION DISTRICT (“NICTD”) to enter and be present upon equipment, rolling stock,
<br />premises, property and/or facilities owned, leased or controlled by NICTD (“NICTD Property”) at or in the vicinity of the
<br />NICTD railroad crossing of Grandview Ave in South Bend, IN, DOT Crossing #870392D.
<br />The time period wherein the Applicant may enter the above-referenced vicinity for the purposes of conducting the
<br />activities described below is:
<br />DATE (mm/dd/yy) TIME (in hours) Excepting Time
<br />From To From To From To
<br />The Applicant’s purpose for requesting entry and its presence on NICTD Property is: installing concrete median at the
<br />industrial drive north of the crossing and installing plastic mountable median on the north, middle, and south side of the
<br />crossing. .
<br />Applicant [circle one] (is) (is not) required to wear a NICTD visitor identification badge visible at all times while on NICTD
<br />Property.
<br />In consideration of the consent of NICTD to Applicant’s entry and presence upon NICTD Property, Applicant agrees
<br />and undertakes to:
<br />(1) Give advance notice to NICTD’s officer or agent signing this Agreement, or Applicant’s authorized representative,
<br />of each entry upon NICTD Property;
<br />(2) Accept direction from NICTD’s supervisory staff while on NICTD Property;
<br />(3) Assume all risk of injury, including death, and damage to property or property in Applicant’s custody or control
<br />arising directly or indirectly from Applicant’s presence on NICTD Property; an
<br />(4) It is understood by all parties that NICTD’s operations at, near or on NICTD’s Property or other property associated
<br />with this Agreement may involve some risk; and Applicant, as part of the consideration for this Agreement,
<br />releases and waives any right to request or demand damages for or on account of the loss of or damage to
<br />NICTD Property located at or near its facilities at the crossing of Grandview Ave in South Bend, IN, DOT Crossing
<br />#870392D., including the loss of or interference with service or use of the NICTD Property and irrespective of
<br />whether such loss or interference is attributable to the fault, failure or negligence of the Applicant or others.
<br />(a) The phrases “Loss” or “Damage” as used within this Agreement shall be interpreted by the parties to include
<br />any and all loss of, damage to, or destruction of any real property, personal property, or environment,
<br />including, without limitation, damage to or destruction of land, air, water, wildlife, or vegetation, and
<br />irrespective of whether the damaged or destroyed property is owned or otherwise possessed by NICTD, the
<br />Applicant, or a third party, and injury to or death of any person or persons whomsoever, including, without
<br />limitation, the parties to this Agreement, their agents, employees, customers, visitors, suppliers, and any and
<br />all non-parties who use, occupy, or otherwise utilized the assets associated with, or participate in the activities
<br />arising out of this Agreement.
<br />(b) The phrases “Claims”, “Settlements”, “Litigation” or “Related Expenses” shall include any and all losses,
<br />damages, costs, payments, and expenses of every kind and nature, including reasonable attorney fees and
<br />disbursements incurred by, or attributable to NICTD, other railroad parties lawfully utilizing NICTD Property,
<br />or NICTD’s assets, and their respective agents, subcontractors, successors, officers, and assigns as a result
<br />of claims, demands, actions, suits, proceedings, judgments, or settlements arising out of, in whole or in part,
<br />or in any way connected with NICTD Property, the subject matter of this Agreement, or the activities of the
<br />Applicant, its agents, or subcontractors at or near said NICTD Property.
<br />12/15/21 01/07/22 7:00 HRS 16:00 HRS 7:00 HRS 16:00 HRS
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