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i ;i this Agreement as if fully set forth herein. 2. Completion of Paving Work. The Parties acknowledge that the Commission has engaged Contractor to complete certain work under the Job/Contract and a portion of such work (including parking lot paving, striping and sidewalk work on the Property as described in the Job/Contract (the "Remaining Work")) will be scheduled for completion upon request of Developer in connection with its completion of building improvements on the Property. The Parties agree to work, in good faith, to schedule the completion of all of Contractor's Remaining Work on the Property in coordination with the Developer's construction schedule and building ' improvements on the Property. -.� 3. Access. The Parties acknowledge that on or about the same date as this Agreement, the Commission is transferring title to and possession of the Property to Developer. Developer agrees and hereby grants the Commission and Contractor the temporary and non- exclusive right to access and enter upon and use the Property (outside of any building improvements) in conducting and completing such Remaining Work. Subject to coordinate efforts referred to in Section 2 above, this non-exclusive right to enter upon and use the Property 1 for said Remaining Work shall be at all reasonable times. 4. Other Rights and Terms. (a) In consideration for all access rights to complete the Remaining Work, the Contractor hereby agrees and undertakes to hold the Civil City of South Bend, Indiana, the Commission and Developer (and the agents, contractors, employees, successors and assigns of each), free and harmless from any liability, loss, costs, damages or expenses, including attorney's fees, which such parties may suffer or incur, as a result of any claims or actions which may be brought by any person or entity arising out of the rights granted herein. (b) The rights granted under this Agreement shall terminate without further action by the Commission or Developer upon the earlier of(i) the date the Remaining Work is completed, or (ii) delivery of written notice from both the Commission and Developer to the Contractor pursuant to any notice provisions below. (c) To the extent that any portion of the Property is disturbed by Contractor in connection with the exercises of the privileges granted under this Agreement, Contractor shall restore the Property to the same condition in which it was immediately prior to such disturbance to the satisfaction of the Commission and Developer. (d) Contractor understands and agrees that it will secure in its own name and at its own expense all necessary permits and authorizations needed in order to conduct the Remaining Work. Contractor shall not, without the prior written consent of the Commission and Developer, cause or permit, knowingly or unknowingly, any hazardous material to be brought or remain upon, kept, used, discharged, leaked or emitted in or about, or treated at the Property. i 1 2