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13 <br />District Traffic Engineer <br />INDOT – La Porte District <br />315 E Boyd Blvd <br />La Porte, IN 46350 <br />Phone: (219) 325-7426 <br />Email: aholderread@indot.in.gov <br /> <br />With Copy To: <br /> <br />Chief Legal Counsel and Deputy Commissioner <br />Indiana Department of Transportation <br />100 North Senate Avenue, Room N758 <br />Indianapolis, IN 46204 <br />Phone: (317) 232-5012 <br /> <br />B. For the City: <br /> <br />Charlotte Brach <br />Senior Engineer, Department of Public Works <br />227 W Jefferson Blvd, Suite 1316 <br />South Bend, IN 46601 <br />Phone: (574) 235-9246 <br /> <br />2.33. Order of Precedence; Incorporation by Reference. [OMITTED – NOT APPLICABLE] <br /> <br />2.34. Ownership of Documents and Materials. [OMITTED – NOT APPLICABLE] <br /> <br />2.35. Payments. All payments, if any, shall be made thirty-five (35) days in arrears in <br />conformance with State fiscal policies and procedures and, as required by IC §4-13-2- <br />14.8, the direct deposit by electronic funds transfer to the financial institution designated <br />by the City in writing unless a specific waiver has been obtained from the Indiana <br />Auditor of State. No payments, if any, will be made in advance of receipt of the goods or <br />services that are the subject of this Agreement except as permitted by IC §4-13-2-20. <br /> <br />2.36. Penalties, Interest and Attorney's Fees. INDOT will in good faith perform its required <br />obligations hereunder, and does not agree to pay any penalties, liquidated damages, <br />interest, or attorney's fees, except as required by Indiana law, in part, IC §5-17-5, IC §34- <br />54-8, IC §34-13-1 and §34-52-2. <br /> <br />Notwithstanding the provisions contained in IC §5-17-5, any liability resulting from the <br />State’s failure to make prompt payment, if any, shall be based solely on the amount of <br />funding originating from the State and shall not be based on funding from federal or other <br />sources. <br /> <br />2.37. Progress Reports. [OMITTED – NOT APPLICABLE] <br />