6.D.(1) Contract with South Bend Heritage

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Commission for inspection and may be subject to disclosure under Indiana's Public Records Act. (c) i~o T1F Re~~enue under this Agreement shall he disbursed to SBHF. including TI1= Re~~enue related to the ?v1ana~~ement Fee, except pursuant to a ~~-ritten document that incorporates the applicable requirements of this A~=reement. (d) All records shall be maintained by SBHF for a period or three (~) ~~ears follo~a~ng the tetrnination of expiration of this A«reement. (e) /~t such times a~~d in such fouls as the Commission ma~~ require, SBHF shall furnish such statements. records, data and inforn;ation as the Commission ma~° request pertaining to matters covered b~° this t~g*reement. (~ SI3HP s1~a11 submit to the Commission a quarterly ~~ro<<ress report due to the Department of Com~nunit~° &: Economic Dc~~elopment on the fifth wor}:ine da~~ of the calendar quarter ~°hich sun~marixes the successes or failures of Project Activities. "Phis Agreement may riot be assi~~ncd by either pam~ ~s~ithout the express ~~ritten consent of the other pam~. SCCTIO;A 7.0 1'\nE~1~TFICATIO'\. SBHF hereb~~ a~arees and undertakes to defend, indcmni~fj and hold Tree and harmless the Cite of South Bcnd_ Indiana. and the South Bend Redevelopment Commission_ and the officers, ct~~ployees and agents of each. jointly and sercrall~~, free and harmless from any and all liability, loss. costs, damaees or expenses of every kind and character and description either direct or consequential, known or unknot~n. including attorne~~ fees, that the Cite of South Bend, Indiana and/or the South Bend Rede~ elopment Commission ma~~ suffer or incur as a resuh ~; an. claim or actions which may be brow<~ht h~~ an~~ person pertainin<~ to, arising out of or in connection With the performance of the Project Acti~~ities. exceptin~~ therefrom, claims arisin<~ out of the negligence of the Commission, its agents. or employees. SECTlO'\ 8.0 DEF.Al'LT. SBHF~s failwe to perform any term of pro~~ision of this A<~reement. ~~~hich failure continues uncured for z period of Thine (0) da.~s follo~~ina written notice of such failure. unless such period is extended by ~rTitten mutual consent. shalt constitute a default of this A~~reement. Dwinn said period, the Commission may ~~~i~,hold an~~ TIF Rey°eaues not ~~et distributed to SBHF including, but not lir~ted to; ~t~, '~1ana~~ement Fee claimed t?~~ SBHF until suci-~ time as 6 t!_~~~t _ ~~~,.rtic, ~:~:s~a,~cn~st3;it~,n ,cr.:~r,tr~.., ~; ~~ ,:~_.t>oc