6.D.(1) Parking Garage Management Services Agreement

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12} Utilities: the Commission shall provide the Garai7es wide all applicable utility sciti~ices. and shall reimburse the Operator for any such services, paid directly by t}se Operatiu~, pursuant to Sectit~n 6, above. li) 'I'aaes acid ~~ssessments: The Operator shall not be responsible for the payment of any tapes and assessments lc,vied upon. t?r asse,sed ~l~ith respect to the real and pe:-sonal properly contained iu or u}~on the Garages. 14) Lial3ility Insurance and indenuzifcarioii: During the tern: of this Agrccmct~t. the Operator shall insure, indemnify and hold the Commission, the City of South Be-nd, Indiana, and their agents and emplo}~ees, hamlless a~~ains± eany <~nd all liability and loss whatsoever arising from any damage, injury, claim or demand caused by the acts, misconduct, c;rrocs, omissions or negligence of the Opcrafor Auld its agents or eu~ployccs durnlg the scope and course of d~eir employment pet~taining to the Ga3-a~,es. Accordingly, the Operator shill prorid~ and pay for comprehensive genefal littbikty insurance, property dan?agc insurance and garage keeper's legal liability insurance to a combined single limit «f One. ~4illion Dollars (51,000.000.00) and statutory coverage 4br works' coiz~pensadun insurance. The Operator shall have the right to be self-insured fir such coy-erage and limits as arc permitted ur approecd b}~ the State of L-~diai~a for the Operator front fiime to lime. The Commission and the City of South Bend, Indiana, shall 1>c. named as additional insureds under zmy and all iasuraitce policies provided for above. 15) Indepcfrdene Contractor: The Conmiission ar~d the Operator agree that they are not to be deemed as partners or joint venturers, and that the se»iccs to he rendered by the Operator arc as an indcycndent contractor. All perso3mel fur the opcratio^ of the Garages shall be employees of the Operator and not of die C~~mniission m- dtc City ol`Soudi Bend. 16) Notice: Notices, ccnnmunications and changes of address pmsua~it to or related to this Agreement shall he deemed given if deposited with the United States ;~~lail, registered or cct~t~ilicd, with postage paid, addressed as follows: To dtc Conuttissio~3: Department of Rede~-elop~ncnt 1200 S. County-City Building South Bend. Itrdiana 46601 and City Controller City of South Rend, 1ndi~ma 1400 County-City Building South Bend, Indiana 46601 4