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due and payable out of or in respect of, (i) activities <br /> conducted on behalf of the Commission. <br /> SECTION 2. Retention and Acceptance of Provider, Schedule <br /> of Services. <br /> A. The Commission hereby retains the Provider to provide to the <br /> Commission the Requested Services that are more specifically described at EXHIBIT <br /> "A" attached hereto and incorporated herein. The Provider hereby accepts the <br /> appointment to provide the Requested Services to the Commission and agrees to provide <br /> the Requested Services under the terms and conditions set forth in this Agreement. <br /> B. Upon receipt of a notice to proceed from the Contract Administrator, the <br /> Provider shall commence the Requested Services in accordance with the terms and • <br /> conditions of this Agreement including, but not limited to, the procedures prescribed by <br /> • <br /> Indiana Code § 36-7-14, et seq. and the schedule established for the Project (the "Project <br /> Schedule") or as otherwise mutually agreed by the parties in writing. The Project <br /> Schedule is more particularly described at EXHIBIT `B" attached hereto and <br /> incorporated herein. The Provider hereby certifies that it has sufficient experience, <br /> expertise and financial aptitude to complete the Requested Services in the manner and <br /> within the timeframe set forth in the Project Schedule. <br /> C. Should the Provider fail to complete the Requested Services in accordance <br /> with the terms and conditions of this Agreement including, but not limited to, in <br /> accordance with the Project Schedule, the Contract Administrator may withhold <br /> payments due the Provider. Further, if any damages are imposed against the Provider, <br /> any monies due and payable to the City thereby, may be retained out of any monies <br /> earned by the Provider under the terms of this Agreement. An extension of time may be <br /> granted in the event of extenuating circumstances by the Provider applying for and <br /> receiving written permission for an extension of time from the Commission. <br /> SECTION 3. Parties' Responsibilities. <br /> A. Information and Communications. The Commission shall provide all <br /> maps, reports, and other data requested by the Provider necessary for the Provider to <br /> accomplish the Requested Services. The Commission and the Provider agree that the <br /> Commission shall be permitted to obtain at no additional cost and to retain any and all <br /> documents prepared or caused to be prepared by the Provider in connection with the <br /> services to be provided by the Provider and the Provider agrees to provide the <br /> Commission with said documents upon request by the Commission. Said documents <br /> may be used by the City or others with respect to the Commission's undertakings with <br /> respect to the Project. <br /> 4 <br />