5A1 First Amendment to Economic Development Agreement (J.C. Hart Co.) - Fully Executed

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event the City Bodies or any of the City Contractor Parties deposits or discards waste materials or debris on or near the Project Site, the City Bodies shall, at their expense, immediately remove such waste materials or debris and restore any damage to the affected area. (f) Completion. The City Bodies shall inspect the Work to ensure all aspects meet City of South Bend Construction Standards and Specifications (the "City Standards"). Developer, at its expense, shall also be entitled to schedule and complete an inspection of each completed component of the Work. The City Bodies and its contractors shall be entitled to participate in the inspection. If the Developer believes the inspection reveals any component of the Work does not adhere to City Standards, Developer may prepare, or cause to be prepared a punch list of such deficiencies, and the Developer and the City Bodies shall promptly work together in good faith to identify a plan to remedy the deficiencies. (g) Insurance. The Parties acknowledge that the City Bodies are self -insured for general liability risk. Notwithstanding anything in this Agreement to the contrary, the City Bodies do not waive any governmental immunity or liability limitations available to them under Indiana law. Additionally, the City Bodies will require that any contractor who receives an award of contract directly from the City of South Bend to perform any Work contemplated under this Agreement shall meet the following insurance requirements: (i) All Contractors and subcontractors doing business with the City of South Bend shall present a Certificate of Insurance showing coverage in the following minimum amount: 1. General Liability: Premises -Completed Operations or Products, Bodily Injury and Property Damage Combined Single Limit - $5,000,000. 2. There shall be no exclusion for explosion, collapse or underground hazard. 3. Workmen's Compensation: Statutory State of Indiana Employer's Liability - $100,000. 4. Auto Liability: Bodily Injury and Property Damage Combined Single limit - $1,000,000 (ii) City of South Bend shall be named as additional insured on the Certificate of Insurance. (iii)Contractor and subcontractors shall provide any and all insurance policies, documents, endorsements, or certificates related to this Contract immediately upon the request of the City of South Bend. (h) Indemnity. The City Bodies shall indemnify, defend, protect, and hold Developer, its agents, directors, employees, managers, members, officers, partners and lenders and their respective assigns and successors (each, a 3