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-2- <br />2.Parsons, at its sole expense, shall construct, install, and maintain the methane biofiltration <br />system. Further, Parsons shall provide the City with all data points related to the <br />operation of the methane biofiltration system as well as any other data reasonably <br />requested by the City. <br />3.The term of this Agreement shall be year to year and shall automatically renew unless the <br />either party provides written notice of its intention to terminate the relationship. Upon <br />termination of this Agreement, Parsons, at its sole expense, shall be responsible for the <br />safe dismantling of the methane biofiltration system and remove all related materials and <br />equipment from Fredrickson Park. Any such dismantling of the methane biofiltration <br />system must abide by all rules imposed on the land by the Indiana Department of <br />Environmental Management. <br />4.Parsons agrees to make its representatives available in person for a public meeting to <br />answer questions from concerned citizens, community groups and other key City <br />stakeholders. This City shall provide Parsons a minimum of four (4) weeks’ notice prior <br />to the scheduling of such public meeting. <br />5.Parsons agrees and undertakes to indemnify and hold the City, and its respective agents, <br />employees, successors, and assigns, harmless from any liability, loss, costs, damages or <br />expenses, including attorneys’ fees, which City may suffer or incur as a result of any <br />third party claims or actions. Parsons’ duty to indemnify the City is limited to the extent <br />that the claims or actions are caused by Parsons actions under this Agreement. If any <br />action is brought against City or its respective agents, employees, successors, or assigns, <br />in connection with this Agreement, Parsons agrees to defend such action or proceedings <br />at its own expense and to pay any judgment rendered therein. <br />6.This Agreement may not be assigned by Parsons without the express written consent of <br />City which such consent may be withheld for any reason. Any violation of this limitation <br />shall terminate this Agreement and forfeit Parsons’s rights under this Agreement. <br />7.This Agreement shall be construed and interpreted according to the laws of the State of <br />Indiana. <br />8.This Agreement sets forth the entire agreement and understanding between the parties as <br />to the subject matter hereof, and merges and supersedes all prior discussions, agreements, <br />and understanding of any and every nature between them. <br />9.The person signing on behalf of Parsons represents that he/she has been duly authorized <br />to execute this Agreement on behalf of Parsons. <br />IN WITNESS WHEREOF, City and Parsons, through their duly authorized representatives, <br />have caused this Agreement to be executed as of the day and year first written above. The parties <br />have read and understand the foregoing terms of this Agreement and do, by their respective <br />signatures hereby agree to its terms.