6.I.(1) Agreement Facade Matching Grant Program, Mishawaka Ave.

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contractor for the performance of the Program rather than an employee of the Citti~, and no act_ action or omission to act by the Or~~anization shall in any way bind or obligate the Cit}~. This Agreement is strictly for the bcucllt of the parties and not for any third-party or person. This ngrcement was negotiated by the parties at arms length and each of the parties hereto has revic~,ved this' /~grccmcnt after the opportunity to consult with independent counsel. Neither party shall maintain that the language in this l~~~recment shall be construed against any signalorv hereto. ~I~hc City and the Organization hereby renounce the existence of any Iorm of agency relationship. }oint venture or partnership between the Orgauizatio^ and the City and agree that nothing contained herein or in any document executed in connection herewith shall be consu~ucd as creating any such r;lationship between the City and the Organization. I1. ,~~~o~ices. Any notice required or permitted to be delivered hereunder shall be deemed to be delivered, whether or not actually received. when deposited in the United States Postal Service, postage prepaid, registered or certified mail, return receipt requested. addressed to the City or the Organisation, as the case may bc, at the address set forth below. Or~~anization: Phil Dzunico, Chairman Lirban f^~ntcr)n~ise Association of South Bcnd, lnc. 227 W..ietlerson Blvd., Suite 1200 South Bend. 1N 46601-18 ~0 C'it~: Pamela C. 1\~lcver. Director Division of Community Development City of South Bcnd, Indiana 227 W. Jefferson Blvd.. Suite 1200 South Bend, 1N 40601-130 12. Equul O1~j~or-timily. "l~hc Organization shall comply with federal, state and local law in ifs hiring and employment practices and policies for any activity cot--°cred by this A<~reement. I3. /:mire ~l~n~een~en[ crr~d Anrenc/yncr~l. This !1~zreemcnt sets forth the entire agreement and understanding between the parties as to the subject matter hereof, and merges and supersedes all prior discussions. agreements. and understanding of any and every nature behveen them. This Agreement may be amended only by separate writing. approved by both the Or~~anizatiou and the Cite. 1-1. ~idclilionul ReJn~esenlcNions. 1~he undcrsi~~ned persons executing and delivering this Agreement on behalf of the Organization represent and ccrtify~ that they are the duly authorized officers of the Or~~anization and have bcc^ fully empower to execute and deliver this Agreement and that all necessary corporate action has been taken and done. l~. ~\'ui~-Co/Lt~sinr~ crncl Accej~iunce. "I~he undersigned attests. subject to the penalties of perjury. that heishe is the properly authorized representative, agent, member or ~~flicer of the Organization and thaC hcishc has not. nor has am' other member. employee. representative, agent or officer of the Organization, directly or indirectly. to the best of his/her I<nowlcd~c. entered into or offered to enter into amp combination.