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the termination or rescission of the designation as a Park effective upon delivery of
<br />written notice to the non-offending party. Further, the IEDC retains the right to revoke,
<br />by delivery of written notice to the City, the tax increment and recapture rights of the
<br />Park under the Act in the event of the IEDC's determination of noncompliance by the
<br />Governmental Unit, the Commission, its grantees or contractors or any tenant located in
<br />the Park, notwithstanding any term of this Agreement to the contrary. The City shall not
<br />cuter into any transaction under the Act which may inhibit the IEDC's enforcement of
<br />this Agreement, including a hansaction under Section 24, without the express written
<br />approval of the IEDC.
<br />18. ASSIGNMENT:
<br />The City shall not assign in whole or any part of the Park or this Agreement or the rights
<br />hereunder to any other person or entity.
<br />19. HOLD HARMLESS:
<br />The City shall indemnify, defend, and hold harmless the IEDC and the State of hldiana
<br />and their respective agents, officers, employees and representatives from all claims and
<br />suits for financial loss or for loss or damage to property, including the loss of use thereof,
<br />and injuries to or death of persons, including without limitation any officers, agents,
<br />employees and representatives of City or its grantees or contractors, and from all
<br />judgments recovered therefor and for expenses in defending any such claims or suits,
<br />including court costs, attorneys' fees, and for any other expenses caused by an act or
<br />omission of City andlor its grantees, contractors, agents, officers or employees in
<br />connection with performance of this Agreement or of the IEDC in exercising its rights
<br />under this Agreement. The IEDC shall not provide such indenn>ification to the City
<br />20. DEBARMENT AND SUSPENSION:
<br />The City certifies, by entering into this Agreement, that neither it nor its principals are
<br />presently debarred, suspended, proposed for debarment, declared ineligible, or
<br />voluntarily excluded from entering into this Agreement by any federal agency or
<br />department, the IEDC, or agency or political subdivision of the State of Indiana. City
<br />further certifies, by entering into this Agreement, that it will not knowingly, with funds
<br />received under this Agreement or otherwise deposited into the CTP Fund, grant to, or
<br />hire, any entity which it nor its principals are, at the time of the contract debarred,
<br />suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
<br />entering into an agreement with any federal agency or department, the IEDC, or agency
<br />or political subdivision of the State of Indiana. The term "principal" for purposes of this
<br />Agreement is defined as an officer, director, owner, parn~er, key employee, or other
<br />person with primary management or supervisory responsibilities, or a person who has a
<br />critical influence on or substantive control over the operations of City.
<br />21. PENALTIES; INTEREST; ATTORNEY'S FEES:
<br />The IEDC will in good faith perform its required obligations hereunder and does not
<br />agree to pay any penalties, liquidated damages, interest or attorney's fees, except as
<br />authorized by Indiana law, in part, if applicable, Indiana Code ~ 5-17-5, Indiana Code §
<br />34-54-8, and Indiana Code ~ 34-13-1. Notwithstanding the provisions contained in
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