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agree as follows: <br />1. The Commission hereby empowers and appoints the Board to act as the <br />Commission's agent for the limited purpose of contracting for the construction of the Project in <br />accordance with the plans as approved by the Commission and filed with the Board ("Plan"), which <br />Plan may be supplemented and amended from time to time as provided for herein. The Board shall <br />select the type, quantity, suppliers, construction contractors and subcontractors, materialmen and <br />installers of the improvements and appurtenances on behalf of the Commission. <br />2. This limited Agency Agreement shall immediately terminate upon breach by the <br />Commission or the Board of this Agency Agreement or any other agreement between the <br />Commission or the Board at least seven (7) days in advance of the date of termination of agency. <br />The authority and appointment herein contained is limited to a total construction cost for the Project, <br />as established by the receipt and award of construction contracts by the Board pursuant to the <br />Agency Agreement. <br />3. The Board hereby accepts the appointment of agency by the Commission as described <br />in Paragraph 1 of this Agency Agreement. <br />4. The Board shall construct the Project pursuant to IC 36-1-12 and shall execute all <br />contracts pursuant to said chapter on behalf of the Commission. <br />5. The Board, in the bidding of the contracts pursuant to said chapter, shall adopt <br />• <br />specifications pertaining to the work to be performed, the timetable for the performance of the work, <br />require performance, payment, and maintenance bonds, and such other matters as maybe required by <br />statute and/or the prevailing conditions in the South Bend community for public construction, <br />provided such conditions, specifications, and matters are in accordance with the Plans and all <br />2 <br />