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PSA - SRTS Our Lady of Hungary Neighborhood Proj No. 122-007 - Shrewsberry & Assoc.
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PSA - SRTS Our Lady of Hungary Neighborhood Proj No. 122-007 - Shrewsberry & Assoc.
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4/12/2022 4:05:55 PM
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Board of Public Works
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Contracts
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4/12/2022
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Version 6-8-2017 <br />13 <br />Notices to the LPA shall be sent to: <br />Finnian Cavanaugh, Project Engineer <br />227 West Jefferson Boulevard <br />South Bend, IN 46601 <br />Notices to the CONSULTANT shall be sent to: <br />Michael Farmer, Director of Transportation <br />7321 Shadeland Station; Suite 160 <br />Indianapolis, IN 46256 <br />or to such other address or addresses as shall be furnished in writing by any party to the other party. <br />Unless the sending party has actual knowledge that a Notice was not received by the intended <br />recipient, a Notice shall be deemed to have been given as of the date (i) when personally delivered; (ii) <br />three (3) days after the date deposited with the United States mail properly addressed; or (iii) the next <br />day when delivered during business hours to overnight delivery service, properly addressed and prior <br />to such delivery service’s cut off time for next day delivery. The parties acknowledge that notices <br />delivered by facsimile or by email shall not be effective. <br />24.Order of Precedence; Incorporation by Reference. Any inconsistency or ambiguity in this <br />Contract shall be resolved by giving precedence in the following order: (1) This Contract and <br />attachments, (2) RFP document, (3) the CONSULTANT’s response to the RFP document, and (4) <br />attachments prepared by the CONSULTANT. All of the foregoing are incorporated fully by <br />reference. <br />25.Ownership of Documents and Materials. All documents, records, programs, data, film, tape, <br />articles, memoranda, and other materials not developed or licensed by the CONSULTANT prior to <br />execution of this Contract, but specifically developed under this Contract shall be considered “work <br />for hire” and the CONSULTANT assigns and transfers any ownership claim to the LPA and all such <br />materials (“Work Product) will be the property of the LPA. The CONSULTANT agrees to execute <br />and deliver such assignments or other documents as may be requested by the LPA. Use of these <br />materials, other than related to contract performance by the CONSULTANT, without the LPA’s prior <br />written consent, is prohibited. During the performance of this Contract, the CONSULTANT shall be <br />responsible for any loss of or damage to any of the Work Product developed for or supplied by <br />INDOT and used to develop or assist in the Services provided herein while any such Work Product is <br />in the possession or control of the CONSULTANT. Any loss or damage thereto shall be restored at <br />the CONSULTANT’s expense. The CONSULTANT shall provide the LPA full, immediate, and <br />unrestricted access to the Work Product during the term of this Contract. The CONSULTANT <br />represents, to the best of its knowledge and belief after diligent inquiry and other than as disclosed in <br />writing prior to or contemporaneously with the execution of this Contract by the CONSULTANT, that <br />the Work Product does not infringe upon or misappropriate the intellectual property or other rights of <br />any third party. The CONSULTANT shall not be liable for the use of its deliverables described in <br />Appendix “A” on other projects without the express written consent of the CONSULTANT or as <br />provided in Appendix “A”. The LPA acknowledges that it has no claims to any copyrights not <br />transferred to INDOT under this paragraph. <br />26.Payments. All payments shall be made in arrears and in conformance with the LPA’s fiscal policies <br />and procedures. <br />27.Penalties, Interest and Attorney's Fees. The LPA will in good faith perform its required <br />obligations hereunder, and does not agree to pay any penalties, liquidated damages, interest, or <br />attorney's fees, except as required by Indiana law in part, IC 5-17-5, I. C. 34-54-8, and I. C. 34-13-1.
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