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

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With a copy to: City Attorney City o#~South Bend, Indiana 1400 County-City Bnildin~ South Bend, Indiana 46601 To the Operator: Ampco System Parking 1459 Hawilton Avenue Cleveland. OH 44I 1 ~ Attention: Regional ti~lanager 17) Intermediaries: The Commission and the Operator each rcpretent and w~ui~ant that they hsve not obligated the other to compensate any ~¢gent, attorney or broker t~~ be their intermediary in connection ~~~idi the negotiation. preparation izl czecution o#~Ehis ,Agreement. 18) Descriptive Hcadin~s: The paiagraph headings used herein are descriptive only aml for the. coin-entente of identifying tl~e provisions hereof and are not determinative eEthe meaning ofany oftheprovisions «f this :lgree~r.cni. 19) Noxrdiscrimi~ratioii: The Operator agrees not to discriminate against any employee or applicant fbr employment to be employed itt the performance of this Agreement ~.a,itb respect to his or her hire, tenure, teran, conditions or privileges of en~ploynx~i~t or any otl~icr matter directly or indirectly related to employment. because of his cn her race:, color, religio~z, sex, handicap; national origin or ai:ccstry. ?G) Entire A;;z-eetnent: "This A~~reen~ent contains the entire ~~grcefEtent and understanding bete-een the Commission and the Operator and lnay he ametidcd and changed rnily by a written amendment executed after the date of~ this ?ygrcemcnt. by the Con2n~ission and the Operator, specifically referencing ibis A~rcement. 2I) GnverrFin~ l,aw~: '17tis r'h~reerneirt shall be governed by, construed and entbrceti in accordance with the 1a~~5 of the Stale of Indiana. 32} Siu-~•ival~ilitY; To die extent peitnitted by Ia-w, all terms aaxl provisions of tkiis Agreement shall be binding upon and inure to the benefit ~~f and he entorecable by the Ct~nlniissir~n and the Operator and each of their respective successors in interest. ?3) 'dot a Lease: The Commission and the Operator acknowledge that this .Agreement dots ^ot constitute a lease of the Uarages. Upcrator has no responsibility fair propc;rty taxes or capital equipment and improvemuits f~~r the Garages and no possessory interest in the Garages. ('.$i,rtcrture Pu<~(:~ j Follnu')