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Site Access Agreement - Drewry’s Brewery Removal Storage Tanks – IN Brownfields Prog. IDEM
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Site Access Agreement - Drewry’s Brewery Removal Storage Tanks – IN Brownfields Prog. IDEM
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12/12/2023 1:43:45 PM
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12/12/2023 1:43:42 PM
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Board of Public Works
Document Type
Contracts
Document Date
12/12/2023
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6.Authorized Parties may enter the Site during normal business hours and may also make special arrangements to <br />enter the Site at other times after agreement from the Owner. <br />7.Authorized Parties shall enter upon the Site at their own risk, and Owner shall not be held responsible or liable <br />for injury, damage, or loss incurred by any Authorized Party arising out of or in connection with activities under this <br />Agreement, except to the extent that any injury is caused due to the acts of Owner, any lessee of the Site, or any <br />employee or agent of the Owner. <br />8.Neither the State nor the IFA is providing any indemnification, either jointly or severally, to the Owner, the <br />Consultant or its agents, assigns or designees. <br />9.The Program will supply to Owner all information derived from the environmental investigation or remedial <br />activities conducted at the Site. The Program may use such information for any purpose at the Program’s sole <br />discretion. The Consultant will hold in confidence all such information except as instructed by the Program and the <br />Owner or as required to be disclosed by law. <br />10.In exercising its access privileges, Authorized Parties will take reasonable steps not to interfere with the <br />Owner’s operations on the Site. <br />11.Authorized Parties will give notice to the Owner at least one (1) week in advance of the start of field activities <br />on the Site. <br />12.Owner ensures that Owner and any/all Site operators will give Authorized Parties access to the entire Site for <br />the purposes set forth in this Agreement. <br />13.Any party to this Agreement may terminate this Agreement by giving two (2) months advanced written notice, <br />or all parties may terminate the Agreement at any time by written agreement. <br />14.This Agreement shall expire upon the Program’s issuance of a No Further Action letter to the Owner indicating <br />completion of project activities under the POSI grant award. <br />15.Copies of this Agreement may be executed separately by the parties, and once executed by the parties to this <br />Agreement, all such copies taken together shall constitute a single contract. This Agreement may be executed in one <br />or more counterparts, each of which shall be deemed to be an original for all purposes. <br />Civil City of South Bend Witness <br />Site Owner <br />Date Date <br />Site Owner’s Telephone Number: <br />Site Owner’s Mailing Address (if other than Site address): <br />For the benefit of (Insert consulting firm’s name): <br />Consulting firm’s signature Date <br />Accepted by the Indiana Brownfields Program by: <br />Andrea Robertson Habeck Date <br />Technical Review Coordinator, Indiana Brownfields Program <br />2 <br />December 12, 2023
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