6.I.(2) Agreement Facade Matching Grant Program, Western Ave.

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contractor for the performance of the Program rather than an employee of the City, and no act, action or omission to act by the Organization shall in any way bind or obligate the City. this Agreement is strictly for the henelit of the parties and not for any thud-party or person. 'I~his Agreement was negotiated by the parties at arm"s length and each of the parties hereto has reviewed this Agreement after the opportlmity to consult with independent counsel. Neither party shall maintain that the language in this Agreement shall he construed against amp signatory hereto. The Cite and the Organization hereby renounce the existence of any form of agenc~~~ relationship. joint venture or partnership between the Organization and the City and agree that nothing contained herein or in anv document executed in connection herewith shall be construed as creatin~~ any such relationship i~etween the City and the Organization. 11. i~%o/ices. Any notice required or permitted to be delivered hereunder shall be deemed to he 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 Organization, as the case may bc, at the address set forth below. Organization: Phil. Damlco~ Chairman Urban l;nterprisc Association of South I3cnd. Inc. 227 W. Jcflerson Bled., Suite 1200 South Bend. IN 46601-1830 City: Pamela C. Meyer, Director Division of Community Development City of South Bend, Indiana 227 W. Jefferson Blvd.. Suite 1200 South Bend. IN 46601-1830 t 2. Ec~trut Oppor/xnily. The Organization shall comply with federal, state and local lase in its hiring and employment practices and policies for any activity covered by this Agreement. 13. l~i~rire .~i;rreemer~t and ~1me~n~mer7/. This ~ygrccment sets forth the entire agreement and understanding bets-cen the parties as to the subject matter hereof.. and merges and supersedes all prior discussions. agreements. and understanding of any and every ^ature between them. This Agreement may be amended only by separate writing, approved by both t]lc Organization and the City. 1-l. Addrlionul Rc~n~escnlu/io~zs. The undersigned persons executing and delivering this Agreement on beha{f of the Organization represent and certify that they arc the duly authorized officers of the Organization and have been fully empowered to execute and deliver this Agrcement and that all necessary corporate action has been taken and done. 1~. N~~t~-Collusion and ~Icce~unce. l~he undersigned attests. subject to the penalties of perjury. that he/she is the properly authorized rcprescntativc, agent, member or officer of dlc Organization and that hdshe has not. ^or has anv other member. employee. representative, agent or ofticer of the Organization, directly or indirectly, to the best of his/her knoss~ledgc. entered into or offered to enter into any combination,