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Temporary Use Agreement - 628 W. Western Ave. Proj No. 123-046 – Housing Authority of South Bend
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Temporary Use Agreement - 628 W. Western Ave. Proj No. 123-046 – Housing Authority of South Bend
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8/13/2024 2:12:33 PM
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Board of Public Works
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Contracts
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8/13/2024
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2. In consideration for authorization and approval by HASB for BPW, Contractor, and <br />its designated contractor(s) to enter upon and use the Property in conducting the Activity, BPW <br />hereby agrees that its contract with any such contractor shall require the contractor to hold HASB, <br />its employees, successors and assigns, free and harmless from any liability, loss, costs, damages <br />or expenses, including attorney’s fees, which HASB may suffer or incur, as a result of any claims <br />or actions which may be brought by any person or entity arising out of the approval granted herein <br />by HASB. If any action is brought against HASB, its employees, successors and assigns, because <br />of the aforementioned Activity, the undersigned agrees to require its contractor to defend HASB <br />in such action or proceedings at its own expense and to pay any judgment rendered therein. <br /> <br />3. The rights granted under this Agreement shall terminate upon the earlier of (i) <br />March 26th of 2026, by which the Activity will have ceased on the Property or (ii) delivery of <br />written notice from BPW to HASB. <br />4. To the extent that any portion of the Property is disturbed in connection with the <br />exercises of the privileges granted under this Agreement, BPW shall require its contractor to <br />restore the Property to the same, or better, condition in which it was immediately prior to such <br />disturbance to the reasonable satisfaction of HASB at BPW’s contractor’s sole expense. <br /> <br />5. Neither BPW or its Contractor, or its designees shall, without the prior written <br />consent of HASB, cause or permit, knowingly or unknowingly, any hazardous material to be <br />brought or remain upon, kept, used, discharged, leaked or emitted in or about, or treated at the <br />Property by it or its contractors. <br /> <br />7. The undersigned person(s) signing on behalf of his/her respective Parties certify that <br />he/she is duly authorized to bind his/her respective Party to the terms hereof. <br /> <br />(Signature Page to Follow) <br />
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