6.I.(3) Agreement Facade Matching Grant Program, Miami Street

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contractor for the performance oC the Program rather than an employee of the City, and no act, action or omission to act by the Or~,~anization shill in any ~~av bind or obligate the City. This Agreement is strictly for the benefit of the parties and not for any third-party or person. This Agreement was negotiated b}~ the: parties at arm's length and each of the parties hereto has reviewed this Agreement after the opportunit}< <o consult with independent counsel. Neither party shall maintain that the language iu this Agreement shall be construed against any signator}~ hereto. l~he Cite and the Organization hereby raxxulce the existence of any form of agency relationship, joint venture or partnership between the Organization and the City rind agree that nothin~~ contained herein or in any document executed in connection herewith shall be construed as creating an_y such relationship between the City and the Organization. 11. '~~~irces~. Any notice required or permitted to be delivered hereunder shall be dcaned to be delivered. whether or not actually reccived_ 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. Or~~anization: Phil Damico, Chairman Urban I/ntcrprise Association of South BcncL Inc. 227 W..IelTcrson Blvd., Suite 1200 South Bend. IN 46601-1830 City: Pamela C. 11ever. Director Division of Comnuulity Development Citti of South Bend. lndi~uza '`'7 W..Icfferson Blvd., Suite 1200 South Bcnd. 1N 46601-1830 !Z. E'c~iiul Uppnrnrnily~. The Organization shall comply ~~-ith )cderal, state and local law in its hiring and employment practices and policies for anv activity covered by this A~rccment. 13. Entire A~rreemeni uncl Amendment. ~fhis Agreement sets lorth the enure a~~rccment and understanding bet~~~een the parties as to the subject matter hereof, and merges and supersedes all prior discussions. agreements, and understanding of anv and every nature between them. This Agreement may be amended only by separate writing. approved by both the Organization and the City. l-l. Addilior~ul Rcpreser~talions. l~hc undersigned persons executing and delivering this Agreement on behalf of the Organization represent and certify that they are the duly authorized o1licers of the Organization and have been fully empower to execute and deliver this Agreement and that all necessary corporate action has been taken and done. 1 ~. No~~-Co/lus~ion unc/ Acce~~la~~re. The undersigned attests, subject to the penalties of perjury, that he/she is the properly authorized representative, agent member or ofliccr of the Organization and that heishc has not. nor has anv other- member, employee, representative, agent or offiiccr of the Organization. directly or indirectly.. to the best of his/her know°Icdgc. entered into or offered to enter into any combination,