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Authorization, Access & Indemnification Agreement - Cross Bore Safety Initiative – NIPSCO
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Authorization, Access & Indemnification Agreement - Cross Bore Safety Initiative – NIPSCO
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4/14/2025 8:54:13 AM
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2/14/2023 1:23:15 PM
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Board of Public Works
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Contracts
Document Date
2/14/2023
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in compliance with all applicable federal, state, and local laws, rules and permit <br />conditions relating to the Project. <br />2. Access. As of the Effective Date of this Agreement, the City authorizes NIPSCO <br />to access and televise piping that is part of the City's sanitary, storm, or <br />combined sewer system (hereinafter collectively referred to as the "City's Sewer <br />System") to enable NIPSCO to verify the location of City -owned sewer piping and <br />identify any damage from cross boring before and after the extension of gas <br />service. <br />At the beginning of each quarter, NIPSCO shall provide a list of the city blocks <br />corresponding to the location of the sewer system it intends to televise during <br />such quarter. This list shall be provided prior to accessing the City's Sewer <br />System. <br />NIPSCO shall place informational signage by their job site during the process of <br />televising and will notify residents and businesses as needed when conducting <br />the work. NIPSCO shall seek right-of-way ("RIW") closure permits from the City <br />when necessary to televise the Sewer System. <br />Concurrently, at the beginning of each quarter NIPSCO shall provide the City <br />with the video footage of the City's Sewer System completed during the previous <br />quarter and report all damage from cross boring before and after the extension of <br />gas service. NIPSCO shall provide the video footage and report on a quarterly <br />basis throughout the term of this Agreement. <br />3. Term. The term of this Agreement shall commence on the Effective Date and <br />shall last for a period of ten (10) years from the Effective Date unless terminated <br />earlier in accordance with Section 4. The term of this Agreement may be <br />extended by the mutual written agreement of the Parties. <br />4. Termination of Agreement. This Agreement shall terminate upon completion of <br />the ten (10) year period described in Section 3 (unless the Parties agree in <br />writing to extend the term of this Agreement) or at the election of the City, for any <br />reason or no reason, upon thirty (30) days' written notice to NIPSCO. If the City <br />elects [o terminate this Agreement, NIPSCO shall promptly cease all televising <br />activities and shall remove any and all equipment used for such purpose from the <br />City's sewer pipes within thirty (30) days after the date of notice. <br />5. Assignment; Successors. NIPSCO shall not assign or subcontract the whole <br />or any part of this Agreement without the prior written consent of the City, which <br />shall not be unreasonably withheld; provided, however, that NIPSCO may assign <br />this Agreement, without consent, to an affiliate of NIPSCO, or in connection with <br />the sale of NIPSCO's business. NIPSCO shall provide the City with a minimum of <br />2 <br />
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