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Borrower
<br />City of South Bend, Indiana
<br />1400 County-City Building
<br />227 West Jefferson Blvd.
<br />South Bend, Indiana 46601-1830
<br />Attention: Mayor
<br />IDFA
<br />Indiana Development Finance Authority
<br />c/o Deputy Director
<br />One North Capitol, Suite 900
<br />Indianapolis, Indiana 46204-2226
<br />IDEM
<br />Indiana Department of Environmental Management
<br />c/o BCRLF Site Manager
<br />100 North Senate Avenue
<br />P. O. Box 6015
<br />Indianapolis, Indiana 46206-6015
<br />Section 12. The IDFA will in good faith perform its required obligations hereunder and does
<br />not agree to pay any penalties, liquidated damages, interests, court costs or attorney's fees, except as
<br />required by Indiana law, including, in part, Indiana Code 5-17-5-1 et. seg.
<br />Section 13. RESERVED
<br />Section 14. All parties to this Loan Agreement agree to comply with all applicable federal,
<br />state, and local laws, rules, regulations or ordinances, and all provisions required thereby to be
<br />included herein are hereby incorporated by reference. The enactment of any state or federal statute or
<br />the promulgation of regulations thereunder after execution of this Loan Agreement and affecting this
<br />Loan Agreement shall be reviewed by the IDFA, the Attorney General of Indiana and the Borrower to
<br />determine whether the provisions of this Loan Agreement require formal amendment.
<br />Section 15. To the extent permitted by law, the Borrower, at the Borrower's expense, shall
<br />indemnify, defend, and hold harmless the IDFA, the State of Indiana and their respective agents,
<br />officers, and employees from any and all claims, suits, demands, losses, expenses, damages (general,
<br />punitive or otherwise) and causes of action (whether legal or equitable in nature) asserted by any
<br />person, firm, corporation, or other entity arising out of or caused by actions or inactions by the
<br />Borrower, or by a contractor, consultant, advisor, or other party involved in Project Activities or the
<br />Brownfields Project on behalf of the Borrower. The IDFA and the State shall not provide such
<br />indemnification to the Borrower. The Borrower shall pay IDFA upon demand all claims, judgments,
<br />damages, lawsuits or expenses (including legal expenses) incurred by IDFA as a result of any legal
<br />action arising out of or caused by any of the Loan Documents, or by the use of the proceeds of the
<br />Loan.
<br />Section 16. RESERVED
<br />Section 17. Pursuant to Indiana Code 22-9-1-10, the Borrower and its subcontractors, if any,
<br />shall not discriminate against any employee or applicant for employment, to be employed in the
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