|
2
<br />perform the Work in the City ROW. The Parties acknowledge and intend that this MOU will not
<br />constitute a lease of or an easement on or over City ROW, and Nipsco will have no right or
<br />authority to convey any leasehold or other interest in City ROW to any other person or entity.
<br />Except as expressly provided in this MOU, any attempt by Nipsco to grant or lease any interest in
<br />the City ROW to another person or entity will be void ab initio and of no force or effect. The
<br />Parties agree that neither this MOU nor any of rights granted to Nipsco under this MOU may be
<br />assigned, in whole or in part, to any other party without the City’s prior written consent.
<br />5. Restoration. Nipsco agrees that at its sole expense, it shall restore the City ROW
<br />to the same or better condition than existed immediately prior Nipsco’s use. Nipsco will notify the
<br />City contact(s) promptly upon completion of restoration, so as to provide the City with sufficient
<br />time to inspect and provide written notice of its acceptance of the restoration of the City ROW.
<br />6. Maintenance. At all times during the period of the license, Nipsco will keep the
<br />City ROW in good order and condition and free of debris.
<br />7. Security. Nipsco understands and agrees that the City shall not be liable for any
<br />loss, damage, destruction, or any bodily harm or injury that may result from Nipsco’s use of the
<br />City ROW.
<br />8. Storage. Nipsco agrees that it will not cause or permit, knowingly or unknowingly,
<br />any hazardous material to be brought or remain upon, kept, used, discharged, leaked, or emitted at
<br />the City ROW.
<br />9. Regulations; Other Permits. Nipsco understands and agrees that it will, at its own
<br />expense, observe and comply with all applicable statutes, laws, ordinances, requirements, orders,
<br />rules, and regulations of all governmental authorities in relation to Work performed on City ROW.
<br />Nipsco understands and agrees that it will secure in its own name and at its own expense all
<br />required permits, bonds, insurance and authorizations needed for the Work performed in the City
<br />ROW.
<br />10. City’s Use. The City reserves the right to use the City ROW during the term of this
<br />MOU for any purpose that does not substantially interfere with or obstruct Nipsco’s rights under
<br />this MOU.
<br />11. Indemnification. Nipsco agrees and undertakes to defend, indemnify, and hold
<br />harmless the City, its respective officials, employees, agents, successors, and assigns, from and
<br />against any liability, loss, costs, damages, or expenses, including attorneys’ fees, which the City
<br />may suffer or incur as a result of any claims or actions which may be brought by any person or
<br />entity related to the Work performed by Nipsco under this MOU. If any action is brought against
<br />the City, or its respective officials, employees, agents, successors, and assigns, in connection with
<br />Nipsco’s Work in City ROW, Nipsco agrees to defend such action or proceedings at its own
<br />expense and to pay any judgment rendered therein.
<br />12. Insurance. Nipsco, at Nipsco’s sole expense, shall maintain during the term of this
<br />MOU commercial general liability insurance covering Nipsco in an amount not less than Five
<br />Million Dollars ($5,000,000.00) per occurrence, inclusive of the limit of an umbrella or excess
|