Authorization, Access & Indemnification Agreement - Cross Bore Safety Initiative

Home Browse Search

sixty (60) days prior written notice of its intent to assign this Agreement to an affiliate or in connection with the sale of NIPSCO's business. 6. Com fiance with Laws. This Agreement shall be construed and interpreted according to the laws of the State of Indiana. NIPSCO agrees to comply with all applicable federal, state and local laws, rules, regulations and ordinances, and all provisions required thereby are hereby incorporated herein by reference. NIPSCO shall comply with federal, state and local law in its hiring and employment practices and policies for any activity covered by this Agreement. 7. E-Cluipment. All equipment used as part of the Project shall be provided by NIPSCO. 8. Procedure if Dama a is Identified. If, during the course of the Project, NIPSCO identifies damage to City -owned sewer piping caused by NIPSCO, NIPSCO shall immediately notify the City and the Parties shall cooperate regarding the repair of such damage. The City shall have the first option to repair any damage caused by NIP.SC❑ to its sewer piping the repairs may be made by City staff or the contractor of the City's choosing. The City shall submit an invoice for the cost of the repairs to NIPSCO. NIPSCO shall remit payment within ten (10) days of receipt of the City's invoice. If NIPSCO believes that any charges incurred by the City in making such repairs are excessive, NIPSC❑ shall provide written notice to the City by the payment due date setting forth the disputed amounts and the basis for such disputed amounts. The Parties shall meet in a timely manner and work in good faith to address any disputes regarding invoicing for repairs. For purposes of clarity, NIPSCO shall not be responsible for the cost of any damage that was not caused by NIPSCO or its predecessors or assigns, whether the repairs are initiated by the City or a third -party. 9. Proiect Prioriiy. In the event of a conflict between the Project and any other projects initiated by the City, the City's project(s) shall have priority and NIPSCO agrees to remove its equipment from City -owned sewer piping, change its schedule for the Project, and/or take such other action as may be requested by the City to enable the City to complete its other projects. 10. Relationship/Independent Contractor. Both Parties, in the performance of this Agreement, shall act in an individual capacity and not as agents, employees, partners, joint venturers or associates of one another. The employee(s) or agent(s) of one Party shall not be deemed or construed to be the employee(s) or agent(s) of the other Party for any purpose whatsoever. Neither Party will assume liability for any injury (including death) to any person(s), or damage to any property, arising out of the acts or omissions of the agents, employees or contractors of the other Party. NIPSCO shall be solely responsible for providing all necessary unemployment and workers' compensation for NIPSCO-s employees- 3