Demolition Agreement - Demo of Housing Units at Monroe Circle – Housing Authority of SB

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will be completed in accordance with all applicable public bidding and contracting laws and will be subject to inspection by the Engineering Department or its designee. Notwithstanding anything contained herein to the contrary, in the event the costs associated with the Local Public Improvements are in excess of the Funding Amount, HASB, at its sole option, may determine to pay to BPW the amount of the excess costs to permit timely completion of the Local Public Improvements by the BPW, or an agent of the BPW, which amounts shall be applied for such purpose. If HASB chooses not to pay any such excess costs of the Local Public Improvements (above the Funding Amount), the BPW may reduce the scope of the Local Public Improvements to the amount which may be funded with the Funding Amount. In no event will BPW be required to spend more than the Funding Amount in connection with the Local Public Improvements. 6. No Agency, Joint Venture or Partnership. The Parties acknowledge and agree that none of the City, including Commission and BPW, or HASB has any interest or responsibilities for, or due to, third parties concerning any improvements until such time, and only until such time, that the Commission, the BPW, and/or HASB expressly accepts the same. The Parties hereby renounce the existence of any form of agency relationship, joint venture or partnership between the City and HASB and agree that nothing contained herein or in any document executed in connection herewith shall be construed as creating any such relationship between the City and HASB. 7. Indemnity. HASB agrees to indemnify, defend, and hold harmless the City from and against any third-party claims suffered by the City resulting from or incurred in connection with the Local Public Improvements or the Project. 8.Other Necessary Acts. Each Party shall execute and deliver to the other Parties all such other further instruments and documents as may be reasonably necessary to accomplish the the Local Public Improvements contemplated by this Agreement and to provide and secure to the other Parties the full and complete enjoyment of its rights and privileges hereunder. Notwithstanding the foregoing, the Parties understand and agree that certain actions contemplated by this Agreement may be required to be undertaken by persons, agencies, or entities that are not a party to this Agreement, including, but not limited to certain permits, consents, and/or approvals (to the extent they have not yet been obtained and completed), and that any action by such third parties shall require independent approval by the respective person, agency, entity, or governing body thereof. 9.Dispute Resolution; Waiver of Jury Trial. Any action to enforce the terms or conditions of this Agreement or otherwise concerning a dispute under this Agreement will be commenced in the courts of St. Joseph County, Indiana, unless the Parties mutually agree to an alternative method of dispute resolution. The Parties acknowledge that disputes arising under this Agreement are likely to be complex and they desire to streamline and minimize the cost of resolving such disputes. In any legal proceeding, each Party irrevocably waives the right to trial by jury in any action, counterclaim, dispute, or proceeding based upon, or related to, the subject matter of this Agreement. This waiver applies to all claims against all parties to such actions and proceedings. This waiver is knowingly, intentionally, and voluntarily made by both Parties. 10.Attorneys’ Fees. In the event of any litigation, mediation, or arbitration between