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Right-of-Way Occupancy Agreement – House Move 130 Park Ln. to 846 Park Ave. - Lykowski and Indiana Landmarks - TABLED
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Right-of-Way Occupancy Agreement – House Move 130 Park Ln. to 846 Park Ave. - Lykowski and Indiana Landmarks - TABLED
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2/8/2022 12:43:03 PM
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2/8/2022 12:43:01 PM
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Board of Public Works
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Contracts
Document Date
2/8/2022
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<br />5 <br />requested, addressed as follows: <br /> <br />To the City: <br /> <br />Scott Krieger, <br />Assistant City <br />Engineer <br />County-City <br />Building, 227 W. <br />Jefferson Blvd., <br />13th Floor, <br />South Bend, IN <br />466001 <br />To the Permitees: <br /> <br />[INSERT NAME AND ADDRESS] <br /> <br /> <br /> [INSERT NAME AND ADDRES <br /> <br />Notices mailed in accordance with the provisions of this paragraph shall be deemed to have <br />been given on the third business day following mailing. Notices personally delivered shall <br />be deemed to have been given upon delivery. <br /> <br />12. No Joint Venture or Partnership. This Agreement shall not be construed so as to create a <br />joint venture, partnership, employment, or other agency relationship between the parties <br />hereto. <br /> <br />13. No Personal Liability. No official, director, officer, agent or employee of the City <br />shall be charged personally or held contractually liable under any term or provision of <br />this Agreement, or because of their execution, approval or attempted execution of this <br />Agreement. <br /> <br />14. Joint and Collective Work Product. This Agreement is and shall be deemed and <br />construed to be a joint and collective work product of the City and Permittees, and as <br />such, this Agreement shall not be construed against any other party as the otherwise <br />purported drafter of the same by any court of competent jurisdiction in order to <br />resolve any inconsistency, ambiguity, vagueness or conflict, if any, in the terms or <br />provisions contained herein. <br /> <br />15. Severability. The terms of this Agreement shall be severable. In the event any of the <br />terms or provisions of this Agreement are deemed to be void or otherwise <br />unenforceable, for any reason, the remainder of this Agreement shall remain in full <br />force and effect. <br /> <br />16. Governing Law. This Agreement shall be subject to and governed by the laws of the <br />State of Indiana. Venue for the resolution of any disputes or the enforcement of any <br />rights arising out of or in connection with this Agreement shall be in the courts of <br />applicable jurisdiction within St. Joseph County, Indiana.
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