An agreement with the Pokagon Band of Potawatomi Indians

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(k). Assist and cooperate with the Band Parties in their effort to obtain any necessary approvals and permits from the Indiana Department of Environmental Management and any other state or local agencies needed to construct the upgrades and extensions of the water system and the sewer system; (1). Allow the Band and PGA to expand water services and sewer services on the Site with timely and expeditious review, approval, and permitting procedures up to 190 gpm flow for sewer services at the Band Parties' cost; (m). The City is a municipal corporation organized under the laws of the State of Indiana, and is self insured under provisions of Indiana statutes and local ordinance and as such, maintains blanket insurance coverage over real and personal property, and is covered by a non - reverting insurance premium and liability reserve fund created by the City, pursuant to Indiana Code 34- 13 -3 -4, as amended from time to time. Under said statute, the City's liability is limited to (1). Three Hundred Thousand Dollars ($300,000) for a cause of action that accrues before January 1, 2006; (2). Five Hundred Thousand Dollars ($500,000) for a cause of action that accrues on or after January 1, 2006, and before January 1, 2008; or (3). Seven Hundred Thousand Dollars ($700,000) for a cause of action that accrues on or after January 1, 2008; and (4). for injury to or death of all persons in that occurrence, Five Million Dollars ($5,000,000); and (5). A governmental entity or an employee of governmental entity acting within the scope of employment is not liable for punitive damages. (n). Maintain, in a workmanlike manner, any and all other improvements off the Site that are not identified in this Agreement, but are required now or will be required in the future to provide the required water service and sewer service to the Site. 7. Residential Site Customers. (a). The Band Parties and the City acknowledge that upon the transfer of the Site by the Band to the United States Secretary of the Interior in trust for the Band, limitations under applicable law will prevent the City from placing a lien