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ROW Occupancy & Encroachment Agreement - House Move 211 W. Marion St. – Wolfe House Movers & IN Landmarks
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ROW Occupancy & Encroachment Agreement - House Move 211 W. Marion St. – Wolfe House Movers & IN Landmarks
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5/14/2024 4:21:22 PM
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5/14/2024 4:21:10 PM
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Board of Public Works
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Contracts
Document Date
5/14/2024
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5 <br />Indiana Landmarks <br />1201 Central Avenue <br />Indianapolis, Indiana 46202 <br />Attn: Marsh Davis, President <br />Notices mailed in accordance with the provisions of this paragraph shall be deemed to have been <br />given on the third business day following mailing. Notices personally delivered shall be deemed to <br />have been given upon delivery. <br />11.No Joint Venture or Partnership. This Agreement shall not be construed so as to create <br />a joint venture, partnership, employment, or other agency relationship between the <br />parties hereto. <br />12.No Personal Liability. No official, director, officer, agent or employee of the City shall <br />be charged personally or held contractually liable under any term or provision of this <br />Agreement, or because of their execution, approval or attempted execution of this <br />Agreement. <br />13.Joint and Collective Work Product. This Agreement is and shall be deemed and <br />construed to be a joint and collective work product of the City and Permittees, and as <br />such, this Agreement shall not be construed against any other party as the otherwise <br />purported drafter of the same by any court of competent jurisdiction in order to resolve <br />any inconsistency, ambiguity, vagueness or conflict, if any, in the terms or provisions <br />contained herein. <br />14.Severability. The terms of this Agreement shall be severable. In the event any of the <br />terms or provisions of this Agreement are deemed to be void or otherwise <br />unenforceable, for any reason, the remainder of this Agreement shall remain in full force <br />and effect. <br />15.Governing Law. This Agreement shall be subject to and governed by the laws of the <br />State of Indiana. Venue for the resolution of any disputes or the enforcement of any <br />rights arising out of or in connection with this Agreement shall be in the courts of <br />applicable jurisdiction within St. Joseph County, Indiana. <br />16.References in Agreement. All references in this Agreement to the singular shall include <br />the plural where applicable, and all reference to the masculine shall include the feminine <br />and vice versa. If either reference shall be declared invalid, such decision shall not affect <br />the validity of any remaining portion that shall remain in full force and effect. <br />17.Multiple Counterparts. This Agreement may be executed in multiple counterparts, each <br />of which shall be deemed an original, but all of which together shall constitute one and <br />the same instrument. <br />18.Paragraph Headings. Paragraph headings are inserted for convenience only and in no
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