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Amendment No 2 to Data Sharing Agreement - Continued Use & Support of Data Co – Abernethy Schwartz Partners LLC
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Amendment No 2 to Data Sharing Agreement - Continued Use & Support of Data Co – Abernethy Schwartz Partners LLC
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3/22/2022 4:14:20 PM
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3/22/2022 4:14:02 PM
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Board of Public Works
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Contracts
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3/22/2022
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Page 6 of 8 <br />In the event of an inconsistency in the terms of this Agreement, or between its terms and any <br />applicable statute or rule, the inconsistency shall be resolved by giving precedence in the <br />following order: <br />1.Applicable Indiana and federal statutes and rules; <br />2.Any other provisions of the Agreement, including materials incorporated by <br />reference. <br />XI.HOLD HARMLESS <br />The Information Recipient shall indemnify, defend, and hold harmless the Information <br />Provider from all claims, suits, causes of action, damages, costs and expenses, including <br />attorneys’ fees, arising from any use or disclosure of data by the Information Recipient that <br />is not permitted by this Agreement. The Parties shall cooperate in the defense of tort <br />lawsuits, when possible. <br />XII.SEVERABILITY <br />If any term or condition of this Agreement is held invalid, such invalidity shall not affect the <br />validity of the other terms or conditions of this Agreement, provided, however, that the <br />remaining terms and conditions can still fairly be given effect. <br />XIII.SURVIVORSHIP <br />The terms and conditions contained in this Agreement which by their sense and context, are <br />intended to survive the completion, cancellation, termination, or expiration of the <br />Agreement shall survive. <br />XIV.WAIVER OF DEFAULT <br />Failure or delay on the part of either Party to exercise any right, power, privilege or remedy <br />provided under this Agreement shall not constitute a waiver. No provision of this Agreement <br />may be waived by either Party except in writing signed by the Party. <br />XV.ENTIRE AGREEMENT <br />This Agreement and attached Exhibit(s) contains all the terms and conditions agreed upon <br />by the Parties. No other understandings, oral or otherwise, regarding the subject matter of <br />this Agreement and attached Exhibit(s) shall be deemed to exist or to bind any of the Parties <br />hereto. <br />XVI.RELATIONSHIP BETWEEN PARTIES <br />The Parties intend that their relationship under this Agreement shall be that of independent <br />contractors. Nothing contained in this Agreement, nor any performance hereunder, is <br />intended or shall be construed to create a partnership, joint venture, or employee/employer <br />relationship between the Parties. Neither Party has the authority to create any obligation or <br />make representations or warranty binding on the other.
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