2023 Indemnification Agreement -Training Track for EVOS – The Tire Rack, Inc.

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City of South Bend/ Tire Rack Indemnifica�on Agreement 2023 INDEMNIFICATION AGREEMENT BETWEEN THE CITY OF SOUTH BEND AND TIRE RACK ______________________________________________________________________________ The Tire Rack, Inc. (“Owner”), is the owner of certain real property at: 7101 Vorden Parkway, South Bend, Indiana (“Tire Rack Property”). Owner is willing to allow the South Bend Police Department to use Tire Rack Property for the purpose of providing Emergency Vehicle Opera�on (“EVOC”) training to the South Bend Police Department on September 27th through September 29th, 2023. In considera�on for Owner allowing the City of South Bend to use Tire Rack Property top help train the South Bend Police Department drivers, the City of South Bend hereby agrees the defend the Owner, its officers and employees, from any claims or suits arising out of the use of the Tire Rack Property by the South Bend Police Department. In the event of any judgment arising out of any such claim or suit against the Owner, its officers or employees, the City of South Bend shall indemnify Owner up to the limits set forth in the Indiana Tort Claims Act. As a condi�on precedent to the right of indemnifica�on under the Act, Owner, officer, or employees shall tend in wri�ng to the South Bend Corpora�on Counsel any and all suit papers, demands, no�ces, summonses, complaints, or other process received by Owner arising out of the use of the Tire Rack Property by the South Bend Police Department within twenty-four (24) hours of receipt, or as promptly as reasonably possible, so that the City of South Bend can adequately respond in a �mely fashion. Owner, officers, and employees shall fully cooperate with the City of South Bend in the conduct of its inves�ga�on, possible setlement, and defense of any legal proceedings. (Signature Page Follows)