6B1 - Laserfiche WebLink

Home Browse Search

3. Retention of The Board's Rights. The Board hereby reserves to itself the right to inspect the Electric Substation during Curtis normal hours of operation upon reasonable notice to Curtis. The Board shall hold Curtis harmless from any costs and expenses, and any damage to the Electric Substation, including the claims of third parties and any costs of defense, resulting from any interruption of Curtis's use of the Electric Substation or electrical power to the City Parcel related to the Board's use (or the use by any other person authorized by the Board, other than Curtis) of the Electric Substation. 4. Maintenance. Curtis shall, at its sole expense, maintain the easement including the Electric Substation. Curtis shall hold the Board harmless from any costs, including the claims of third parties and any costs of defense resulting from Curtis's use of the Electric Substation. 5. License. To the extent that either Party must enter upon the property of the other Party in order to perform any obligation hereunder, the owner of such property hereby grants the Party a license to enter and perform such obligation, provided that: (a) the Party entering the property shall defend, indemnify, and hold such owner harmless from any claim, damage, loss, or expense incurred by such owner arising out of the entry; (b) the Party entering the property shall repair any physical damage caused to the owner's property in connection with the entry; and (c) the Party entering the property shall not unreasonably interfere with the business or other activities occurring on such property. 6. Covenants Running with the Land. All of the provisions of this Agreement are intended to be, and shall be construed as, covenants running with the land and appurtenant to the City Parcel and the Electric Substation, and shall be binding upon, inure to the benefit of, and be enforceable by the Parties hereto and their respective transferees, successors and assigns. 7. Notices. During the term of this Agreement, or until written notice of a change in address is delivered to the other Parties, notices shall be sent in writing and delivered personally or sent by certified or express mail or by facsimile transmission to the following addresses: Curtis: Dave Heckaman, President Curtis Products, Inc. 228 East Bronson South Bend, Indiana 46624 With copy to: Peter Trybula Barnes & Thornburg 100 North Michigan, 6th Floor South Bend, Indiana 46601 The Board: c/o Clerk of Board of Public Works 13th Floor County City Building South Bend, IN 46601 With copy to: Richard A. Nussbaum, II Sopko, Nussbaum, Inabnit & Kaczmarek 210 S. Michigan St., 5th Fl. Plaza Bldg. South Bend, Indiana 46601