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ROW Occupancy Agreement - House Move 130 Park Ln. to 846 Park Ave. – Lykowski Const., Inc. & Indiana Landmarks
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ROW Occupancy Agreement - House Move 130 Park Ln. to 846 Park Ave. – Lykowski Const., Inc. & Indiana Landmarks
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2/22/2022 4:29:42 PM
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2/22/2022 4:29:37 PM
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Board of Public Works
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Contracts
Document Date
2/22/2022
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5 <br /> <br />1201 Central Avenue <br />Indianapolis, Indiana 46202 <br /> <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 be <br />deemed to have been given upon delivery. <br /> <br />11. No Joint Venture or Partnership. This Agreement shall not be construed so as to create <br />a joint venture, partnership, employment, or other agency relationship between the <br />parties hereto. <br /> <br />12. No Personal Liability. No official, director, officer, agent or employee of the City shall <br />be charged personally or held contractually liable under any term or provision of this <br />Agreement, or because of their execution, approval or attempted execution of this <br />Agreement. <br /> <br />13. 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 resolve <br />any inconsistency, ambiguity, vagueness or conflict, if any, in the terms or provisions <br />contained herein. <br /> <br />14. 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 />15. 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. <br /> <br />16. References in Agreement. All references in this Agreement to the singular shall include <br />the plural where applicable, and all reference to the masculine shall include the <br />feminine and vice versa. If either reference shall be declared invalid, such decision <br />shall not affect the validity of any remaining portion that shall remain in full force and <br />effect. <br /> <br />17. Multiple Counterparts. This Agreement may be executed in multiple counterparts, <br />each of which shall be deemed an original, but all of which together shall constitute <br />one and the same instrument. <br /> <br />18. Paragraph Headings. Paragraph headings are inserted for convenience only and in no <br />way limit or define the interpretation to be placed upon this Agreement.
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