Temporary Access Agreement - 701 Harrison Ave. for 2 Months at NNN – Near Northwest Neighborhood, Inc.

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2 6.Hazardous Materials. The NNN shall not cause or permit, knowingly or unknowingly, any hazardous material to be brought or remain upon, kept, used, discharged, leaked, or emitted upon the Property. 7.Indemnification. The NNN understands and agrees that the City shall not be liable for any loss, damage, destruction, or theft of the NNN’s property or any bodily harm or injury that may result from the NNN’s use of the Property. The NNN understands and agrees that it will be solely responsible for the safety and security of all persons on the Property and any personal property the NNN or its invitees use in connection with the Work while on the Property. The NNN shall indemnify, defend, and hold the City harmless from and against any and all claims resulting from damage to any property upon the Property or injury to any person upon the Property and to pay any judgment rendered therein. Notwithstanding the foregoing or anything herein to the contrary, the City does not waive any governmental immunity or liability limitations available to it under Indiana law. 8.Reservation of Rights. The City reserves for itself the free use of the Property in any manner not inconsistent with the terms of this Agreement. 9.Benefit. The parties intend that each of the rights and obligations set forth herein shall inure to the burden or benefit of the respective parties and their related companies, successors, and assigns. 10.Notices. Any notices required under this Agreement may be provided (a) by hand- delivery (which will be deemed delivered at the time of receipt) or (b) by registered or certified mail, return receipt requested (which will be deemed delivered three (3) days after mailing), to each party’s respective address and the representatives stated below. City: City of South Bend, Indiana 1400 S. County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Attn. Joseph Molnar, Property Development Manager With a copy to: South Bend Legal Department 1200 S County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Attn. Corporation Counsel The Museum: The Near Northwest Neighborhood 1007 Portage Ave. South Bend, IN 46616 Attn. Kathy Schuth, Executive Director 11.Waiver. One or more waivers of any condition herein by the City shall not be construed as a waiver of a subsequent breach of the same condition.