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or expense to the City. University will not commit waste upon the Property and will repair and
<br />restore any damage to the Property arising from its activities upon the Property.
<br />4.University agrees to indemnify, defend and hold harmless the City, its respective
<br />agents, servants, employees, contractors, affiliates and representatives from any and all liability, loss,
<br />expense, damage, judgment or settlement which they or any of them may suffer, sustain or incur as a
<br />result of any claims, demands, costs, actions, causes of actions, damages or judgments including,
<br />without limitation, reasonable attorneys’ fees, asserted against or incurred by or on behalf of the
<br />City, arising out of or resulting from the activities of the University or its contractors on the
<br />Property relating to the Transmission Line. The University’s indemnification obligations hereunder
<br />do not include (a) any liability, loss, expense, or damage which is the result of or arises out of the
<br />sole negligence of the City, its agents, servants, employees, trustees, officers, contractors, affiliates or
<br />representatives; or (2) to the extent any liability, loss, expense, or damage is caused by the negligence
<br />of another party.
<br />5.In the event that the University fails to comply with or perform any one or more of
<br />the covenants, terms and conditions to be complied with or performed by it under this License or is
<br />otherwise in default hereunder, then, and in any such event, the City shall have the right to seek
<br />equitable relief, including, without limitation, specific performance to enforce compliance with and
<br />performance of the covenants, terms and conditions to be complied with or performed by
<br />University hereunder. Further, if University fails to comply with any obligation hereunder, the City
<br />shall be permitted (but not obligated) to perform such obligation for and on behalf of University,
<br />and University shall immediately reimburse the City for such costs and expenses. The failure of the
<br />City to bring action based upon any breach hereof by University shall not be deemed nor shall it
<br />constitute a waiver of any of the terms, covenants or conditions of this License.
<br />6. All notices which are required or may be given pursuant to the terms of this License
<br />shall be submitted to the offices identified below. Notices and communications hereunder shall be
<br />deemed to have been made three (3) business days after being deposited in the United States Mail if
<br />given by registered or certified mail, return receipt requested, postage prepaid and addressed to the
<br />party to receive such notice or communication at the address given below, or such other address as
<br />may hereafter be designated in writing.
<br />The City: Executive Director
<br />Department of Public Works
<br />1300N County-City Building
<br />227 West Jefferson Boulevard
<br />South Bend, Indiana 46601
<br />With a copy to:
<br />Corporation Counsel
<br />1200S County-City Building
<br />227 West Jefferson Boulevard
<br />South Bend, Indiana 46601
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