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<br />casualties of whatsoever kind, or by whomsoever caused, to the person or property of anyone on or
<br />other casualties of whatsoever kind, or by whomsoever caused, to the person or property of anyone
<br />on or off the right -of-way, arising out of or resulting from the performance of the contract or from
<br />the installation, existence, use, maintenance, condition, repairs, alteration and/or removal of any
<br />equipment or material, whether due in whole or in part to the acts and/or omissions and/or neglige nt
<br />acts and/or omissions:
<br />
<br /> A. of the State of Indiana, INDOT, and/or its/their officials, agents, representatives, attorneys
<br />and/or employees, individually and/or jointly;
<br />
<br /> B. of the LPA, and/or its officials, agents, representatives, attorneys and/or employees,
<br />individually and/or jointly;
<br />
<br /> C. of any and all persons, firms, corporations, insurers, government or other legal entity engaged
<br />in the performance of the contract; and/or
<br />
<br /> D. the joint negligence of any of them, including any claim arising out of the Worker's
<br />Compensation law or any other law, ordinance, order, or decree.
<br />
<br />The LPA also agrees to pay all reasonable expenses and attorney's fees incurred by or imposed on
<br />the State of Indiana, INDOT and/or its/their officials, agents, representatives, attorneys, and/or
<br />employees, individually and/or jointly, in connection herewith in the event that the LPA shall default
<br />under the provisions of this section.
<br />
<br />The LPA also agrees t o pay all reasonable expenses and attorney's fees incurred by or imposed on
<br />the State of Indiana, INDOT and/or its/their officials, agents, representatives, attorneys, and/or
<br />employees, individually and/or jointly, in successfully asserting a claim against the LPA for
<br />indemnity pursuant to this contract.
<br />
<br />6.16. Merger & Modification . This Contract constitutes the entire agreement between the PARTIES.
<br />No understandings, agreements, or representations, oral or written, not specified within this Contract
<br />will be valid provisions of this Contract. This Contract may not be modified, supplemented or
<br />amended, in any manner, except by written agreement signed by all necessary PARTIES.
<br />
<br />6.17. Non-Discrimination.
<br />
<br /> 6.17.1. Pursuant to the Indiana Civil Rights Law, specifically including IC 22 -9 -1-10, and in
<br />keeping with the purposes of the Civil Rights Act of 1964 as amended, the Age
<br />Discrimination in Employment Act, and the Americans with Disabilities Act, the LPA
<br />covenants that it shall not discriminate against any employee or applicant for
<br />employment relating to this Contract with respect to the hire, tenure, terms, conditions or
<br />privileges of employment or any matter directly or indirectly related to employment,
<br />because of the employee's or applicant's race , color, national origin, religion, sex, age,
<br />disability, ancestry, status as a veteran, or any other characteristic protected by federal,
<br />state or local law ("Protected Characteristics"). The LPA certifies compliance with
<br />applicable federal laws, regula tions and executive orders prohibiting discrimination based
<br />on the Protected Characteristics in the provision of services. Breach of this covenant may
<br />be regarded as a material breach of this Contract , but nothing in this covenant shall be
<br />construed to imply or establish an employment relationship between the State and any
<br />applicant or employee of the LPA or any subcontractor.
<br />
<br /> 6.17.2. INDOT is a recipient of federal funds, and therefore, where applicable, the LPA and any
<br />subcontractors shall comply with requisite affirmative action requirements, including
<br />reporting, pursuant to 41 CFR Chapter 60, as amended, and Section 202 of Executive
<br />Order 11246 as amended by Executive Order 13672.
<br />
<br />DocuSign Envelope ID: AAC65708-4C44-4919-80AA-162AC09AE04F
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