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6.C.(5) Resolution No. 2518
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10/17/08 Meeting
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6.C.(5) Resolution No. 2518
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10/14/2008 4:35:40 PM
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Agency .Agreement shell make anv and all claims on account thereof solely against the responsible <br />contractor orsub-contractor. <br />9. The Commission hereby assigns to the BPW. during the term of this Agency <br />Agreement all its rights and benefits pursuant to any warranties, duties or obligations of anv <br />manufacturer. wholesaler, rctaila~. installer. contractor, or subcontractor who provides anv labor or <br />materials for or in any of the components of the Project. <br />10. The SPA', o^ behalf of the Conunission. shall be responsible for processing all <br />contractor claims for payment consistent ~~~ith its standard procedm'es. <br />11 . The parties acknowledge that it is the responsibility ofthe Commission to carry. or <br />cause others to cant', all risk insurance including bodily injury and property damage insurance and <br />the BPW shall have no responsibility to obtain such insurance coverage. <br />L. The BPW shall accept each ofthe completed components of the Project on behalf of <br />the Commission. <br />l ~. The terms and conditions of the Agency Agreement shall inure to the benefit of and <br />bind the respective parties hereto and their successors in interest and assigns, and no portion of the <br />Agaicy Agreement maybe assigned by any party without the prior «~rittcn consent of the other party. <br />14. The agency provisions herein contained apply only as stated and shall not be deemed <br />to create any partnership. joint ventw~c or other cnta~prise of any type or nature betwcai the South <br />Bend Redevelopment Commission and the South Bend Board of Public Works. <br />1 ~. No amendment modification or alteration of the terms of this Agency Agreement <br />shall be binding unless duly executed by the parties hereto in writing. dated subsequent to the date <br />hereof. <br />
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