26-09 Resolution Approving the Interlocal Agreement Between the City of South Bend, the County of St. Joseph, and the Michiana Area Council of Governments Establishing a Land Bank Pursuant to Indiana Code Section 36-7-38 et seq.

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any term, covenant, or condition hereof, as third-party beneficiaries or otherwise, and all of the terms, covenants, and conditions hereof will be for the sole and exclusive benefit of the Parties. 17. The County and MACOG agree to defend, indemnify, and hold harmless the City (and the City's officers and employees) from and against any and all claims of any nature which arise from the performance by the County or MACOG under this Agreement and from all costs and attorney fees in connection therewith, except for claims arising out of the negligence of the City (or the City's officers or employees). The obligations of the Parties under this Section will survive the expiration or termination of this Agreement. The City and County agree to defend, indemnify, and hold harmless MACOG (and MACOG's officers and employees) from and against any and all claims of any nature which arise from the performance by the City or County under this Agreement and from all costs and attorney fees in connection therewith, except for claims arising out of the negligence of MACOG (or MACOG's officers or employees). The obligations of the City and County under this Section will survive the expiration or termination of this Agreement. The City and MACOG agree to defend, indemnify, and hold harmless the County (and the County's officers and employees) from and against any and all claims of any nature, which arise from the performance by the City or MACOG under this Agreement and from all costs and attorney fees in connection therewith, except for claims arising out of the negligence of the County (or the County's officers or employees). The obligations of the City and MACOG under this Section will survive the expiration or termination of this Agreement. 18. This Agreement may be amended, modified, or supplemented at any time by a written instrument signed by an authorized representative of each party. The failure of any party to enforce at any time any provision of this Agreement shall not be construed as a waiver of such provision, nor in any way to affect the validity of this Agreement or any part hereof or the right of such party thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to constitute a waiver of any other or subsequent breach. 19. No Party may assign this Agreement or any of its rights, interests, obligations, or duties hereunder, whether by operation of law or otherwise, without the express written consent of the other Party. 20. Should any part of this Agreement be determined by a court of competent jurisdiction to be invalid, illegal, or against public policy, said 5