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MOU - Additional Paving of US31 Proj No. 123-066 – INDOT
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MOU - Additional Paving of US31 Proj No. 123-066 – INDOT
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9/13/2023 9:26:19 AM
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Board of Public Works
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Contracts
Document Date
9/12/2023
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12 <br /> <br />4.34. Ownership of Documents and Materials. [Omitted – Not Applicable.] <br /> <br />4.35. Payments. [Omitted – Not Applicable.] <br /> <br />4.36. Penalties/Interest/Attorney’s Fees. INDOT will in good faith perform its required <br />obligations hereunder, and does not agree to pay any penalties, liquidated damages, interest, or <br />attorney's fees, except as required by Indiana law in part, IC §5-17-5, IC §34-54-8, and IC §34- <br />13-1. <br /> <br />4.37. Progress Reports. [Omitted – Not Applicable.] <br /> <br />4.38. Public Record. The CITY acknowledges that the State will not treat this Agreement as <br />containing confidential information and will post this Agreement on its website as required by <br />Executive Order 05-07. Use by the public of the information contained in this Agreement shall not <br />be considered an act of the State. <br /> <br />4.39. Renewal Option. This Agreement may be renewed under the same terms and conditions, <br />subject to the approval of the Commissioner of the Department of Administration and the State <br />Budget Director in compliance with IC §5-22-17-4. The term of the renewed Agreement may not <br />be longer than the term of the original Agreement. <br /> <br />4.40. Severability. The invalidity of any section, subsection, clause, or provision of this <br />Agreement shall not affect the validity of the remaining sections, subsections, clauses, or <br />provisions of this Agreement. <br /> <br />4.41. Status of Claims. The CITY shall be responsible for keeping INDOT currently advised as <br />to the status of any claims made for damages against the CITY resulting from services performed <br />under this Agreement. <br /> <br />4.42. Substantial Performance. This Agreement shall be deemed to be substantially performed <br />only when fully performed according to its terms and conditions and any written amendments or <br />supplements. <br /> <br />4.43. Taxes. The State is exempt from most state and local taxes and many federal taxes. The <br />State will not be responsible for any taxes levied on the CITY or its contractors because of this <br />Agreement. <br /> <br />4.44. Termination for Convenience. This Agreement may be terminated, in whole or in part, <br />by INDOT whenever, for any reason, INDOT determines that such termination is in its best <br />interest. Termination is affected by delivery to the CITY of a Termination Notice at least thirty <br />(30) days prior to the termination effective date, specifying the extent to which performance of <br />services under such termination becomes effective. <br /> <br />4.45. Termination for Default. [Omitted – Not Applicable.] <br /> <br />4.46. Travel. [Omitted – Not Applicable.]
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