Memorandum of Understanding - Indiana Michigan Power Company

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shall not be applicable to future projects undertaken by the City which are unrelated to the Smart Streets initiative. • Use commercially reasonable best efforts to provide the City with backup resources and/or crews to allow the City to remain on the agreed upon schedule with Rieth-Riley. • Provide adequate labor, including overtime labor if necessary. • Attend regular meetings to coordinate construction schedules/timelines with the City and Rieth-Riley. Requirements of the Citv • Provide a direct contact for both the City and Rieth-Riley who is responsible for communicating with I&M's point person during the Project within twenty-four (24) hours on specific matters of concern that may arise during the Project. • Allow I&M to construct temporary pavement patches within sections of the Project limits that will be finally paved by the City or the City's contractor(s) as part of the Project. The City will be responsible for final paving and surfacing in these areas and will not require I&M to meet the City's standard for the final finished surface of the affected streets, sidewalks, gutters, or other improvements. • Issue all permits which may be required in a timely manner. • Waive any permitting fees which otherwise may be required of I&M during the Project. 3) INSURANCE I&M shall provide appropriate broad form casualty and liability insurance with respect to any work conducted by I&M as a result of this Agreement. The City shall provide appropriate insurance coverage, to the extent allowed by law, for work it conducts as a result of this Agreement. INDEMNIFICATION I&M agrees to appropriately indemnify, defend, and hold harmless the City from any claims caused by or resulting from I&M's negligence, or intentional acts or omissions. The City shall provide reciprocal indemnification as appropriate, to the extent allowed by law. AEP Legal 1140015.2 3 04/11/2016 13:58:27