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Authorizing an Interlocal Agreement Between City of South Bend, City of Mishawaka & St Joseph County, regarding the USEPA Brownfields Assessment Grant Application
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Authorizing an Interlocal Agreement Between City of South Bend, City of Mishawaka & St Joseph County, regarding the USEPA Brownfields Assessment Grant Application
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Last modified
7/8/2014 11:30:49 AM
Creation date
7/8/2014 11:19:12 AM
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City Council - City Clerk
City Council - Document Type
Resolutions
City Counci - Date
6/23/2014
Ord-Res Number
4370-14
Bill Number
14-65
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QL <br />.J cN3INS -Eas � s'atNnSTS oNSraucrU as FORMS - 110 -2013 <br />Article 26. Entire Agreement <br />The parties agree that this Agreement, together with proposals and attachments, represents the entire and integrated <br />agreement between the Client and Symbiont and supersedes all prior communications, negotiations, representations, <br />quotations, offers or agreements, either written or oral between the parties hereto, with respect to the subject matter hereof, <br />and no agreement or understanding varying or extending this Agreement shall be binding upon either Party, other than by a <br />written agreement signed by both the Client and Symbiont. If additional documents represent the agreement of the parties, <br />such documents must be itemized in Symbiont's proposal. The parties agree that the provisions of these terms and <br />conditions of this Agreement shall control over and govern as to any subsequent form or document signed by the Parties, <br />such as Owner's Purchase Orders, Work Orders, etc. and that such documents may be issued by Owner to Symbiont as a <br />matter of convenience to the Parties without altering any of the terms or provisions hereof. <br />Article 27. Severability <br />If any provision or part of a provision of this Agreement is declared to be invalid by any tribunal of competent jurisdiction, <br />such part shall be deemed automatically adjusted, if possible, to conform to the requirements for validity, but if such <br />adjustment is not possible, it shall be deemed deleted from this Agreement as though it had never been included herein. In <br />either case, the balance of any such provision and of this Agreement shall remain in full force and effect. <br />Article 28. Contract Amendments <br />Any amendments to the Proposal or these Terms and Conditions of Agreement shall be executed by means of a written <br />contract amendment, signed by the Client and Symbiont. Changes to the Agreement will not become effective until the <br />contract amendment has been signed by both parties. The contract amendment will document the specific changes to the <br />Agreement along with any resulting adjustment in cost and /or schedule. <br />Article 29. Execution of Agreement <br />These Terms and Conditions of Agreement are cross referenced in Symbionfs Proposal and are accepted when the <br />Proposal is executed by the Client or when the Client authorizes Symbiont to proceed with the Scope of Work. Client's <br />representative represents that he /she is duly authorized to enter into and sign this Agreement. The parties agree that <br />Symbiont's Proposal may be executed by Client and delivered to Symbiont via facsimile or other electronic means, and such <br />facsimile or other electronic copy will constitute an original. <br />R1Contract Administration \Symbiont Client 10 -2013 <br />Page 6 of 6 <br />
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