Wayfinding Signs Agreement - Policy for Guide Signs - INDOT

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14 2.38. Public Record. The City acknowledges that the State will not treat this Agreement as containing confidential information, and will post this Agreement on the transparency portal as required by IC §5-14-3.5-3. Use by the public of the information contained in this Agreement shall not be considered an act of the State. 2.39. Renewal Option. [OMITTED – NOT APPLICABLE] 2.40. Severability. The invalidity of any section, subsection, clause or provision of this Agreement shall not affect the validity of the remaining sections, subsections, clauses or provisions of this Agreement. 2.41. Substantial Performance. This Agreement shall be deemed to be substantially performed only when fully performed according to its terms and conditions and any written amendments or supplements. 2.42. Taxes. The State is exempt from most state and local taxes and many federal taxes. The State will not be responsible for any taxes levied on the City or its contractors as a result of this Agreement. 2.43. Termination for Convenience. [OMITTED – NOT APPLICABLE] 2.44. Termination for Default. [OMITTED – NOT APPLICABLE] 2.45. Travel. [OMITTED – NOT APPLICABLE] 2.46. Waiver of Rights. No right conferred on either Party under this Agreement shall be deemed waived, and no breach of this Agreement excused, unless such waiver is in writing and signed by the Party claimed to have waived such right. Neither the State’s review, approval or acceptance of, nor payment for, the services required under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and the City shall be and remain liable to the State in accordance with applicable law for all damages to the State caused by the City’s negligent performance of any of the services furnished under this Agreement. 2.47. Work Standards. The City shall execute its responsibilities by following and applying at all times the highest professional and technical guidelines and standards (or by ensuring that its contractors do the same). If the State becomes dissatisfied with the work product of or the working relationship with those individuals assigned to work on this Agreement, the State may request in writing the replacement of any or all such individuals, and the City shall grant such request. 2.48. State Boilerplate Affirmation Clause. [OMITTED – NOT APPLICABLE]