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of Lessee. Lessor covenants that Lessee may peacefully hold and enjoy the Leased Premises during the lease
term without any interruption by Lessor, its successors or assigns, or any other person or entity.
b. Lessor and its authorized representatives shall have the right to examine and inspect the Leased Premises
from time to time during usual business hours. J
c. Lessor represents and warrants that it has received no notice or knowledge of claimed violations of any law,
ordinance or regulation relating to the Leased Premises.
12.Termination. In the event that either party breaches any covenant or obligation in this lease, the non -breaching
party shall give the breaching party written notice of any intent to terminate this lease for such breach and of the
cause therefore. If the breaching party does not correct the breach specified within thirty (30) days (or, in the event
the breach is of a nature that cannot be reasonably remedied within thirty (30) days, fails to commence to remedy
such breach within thirty (30) days and continue with reasonable diligence to correct same) this Lease may then be
terminated by thirty (30) days written notice by the non -breaching party to the breaching party for such uncured
cause. Upon cancellation or termination of this Lease, Lessee shall be released from any further obligation under
the terms of this Lease arising after the date of such termination.
13.Surrender. Upon the termination of this Lease by lapse of time or otherwise, Lessee agrees that it will surrender
and deliver to Lessor possession of the Leased Premises. Lessee shall have the right to remove any and all of
Lessee's personal property and trade fixtures prior to such surrender and delivery.
14.Notices. Any notices or communications required or requested to be given under the terms of this lease shall be
deemed properly given if mailed by United States mail, registered and with postage prepaid, if to:
to Lessor at:
Mary Coyne Investments, LLC
1428 Hamilton Avenue
Cleveland, Ohio 44114
ATTN: Michael F. Coyne, Esq.
to Lessee at:
Deputy City Controller
Department of Administration and Finance
City of South Bend
27 W. Jefferson Blvd.
South Bend, Indiana 46601
ATTN: Jennifer C. Hockenhull, CPA
Addresses for notices may be changed by delivery notice of such change in the manner provided above.
15.13rokers. Lessor and Lessee each represent and warrant that they have not obligated the other to compensate any
agent, attorney, broker or finder or their intermediary in connection with the negotiation, preparation or execution
of this Lease.
16.Severabili . If any provisions of this Lease shall be invalid or unenforceable, the remainder hereof shall
nevertheless continue in full force and effect.
17.Entire Agreement. The Lease contains the entire agreement and understanding between the parties hereto, and
may not be amended or changed except by agreement in writing executed by the parties.
18.Successors and Assigns. This Lease shall be binding upon and shall inure to the benefit of the parties hereto, their
respective successors and assigns.
IN WITNESS HEREOF, duly authorized representatives of Lessor and Lessee have executed this Agreement as of
the date first written above.
Lessor:
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When the prospective Contractor is unable to certify to any of the statements below, it shall attach an explanation to this Affidavit.
CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT,
CERTIFICATION REGARDING INVESTMENT WITH IRAN, EMPLOYMENT ELIGIBILITY
VERIFICATION, NON-DISCRIMINATION COMMITMENT AND CERTIFICATION OF USE
OF UNITED STATES STEEL PRODUCTS OR FOUNDRY PRODUCTS
(Must be completed for all quotes and bids. Please type or print)
STATE OF G µ t 0 )
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COO1401A- COUNTY )
The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that:
1. Contractor has not, nor has any other member, representative, or agent of the firm,
company, corporation or partnership represented by him, entered into any combination, collusion
or agreement with any person relative to the price to be bid by anyone at such letting nor to
prevent any person from bidding nor to induce anyone to refrain from bidding, and that this bid
is made without reference to any other bid and without any agreement, understanding or
combination with any other person in reference to such bidding. Contractor further says that no
person or persons, firms, or corporation has, have or will receive directly or indirectly, any
rebate, fee, gift, commission or thing of value on account of such sale; and
2. Contractor certifies by submission of this proposal that neither contractor nor any of its
principals are presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or agency;
and
3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in
investment activities in Iran.
a. For purposes of this Certification, "Iran" means the government of Iran and any agency or
instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as amended from
time -to -time.
b. As provided by Ind. Code § 5-22-16.5-8, as amended from time -to -time, a Contractor is
engaged in investment activities in Iran if either:
i. Contractor, its successor or its affiliate, provides goods or services of twenty million
dollars ($20,000,000) or more in value in the energy sector of Iran; or
ii. Contractor, its successor or its affiliate, is a financial institution that extends twenty
million dollars ($20,000,000) or more in credit to another person for forty-five (45)
days or more, if that person will (i) use the credit to provides goods and services in
Non -Collusion Non-Debannent Affidavit Non Iran Fonn 2016
the energy sector in Iran; and (ii) at the time the financial institution extends credit, is
a person identified on list published by the Indiana Department of Administration.
4. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain
any employee or contract with a person that the Contractor subsequently learns is an
unauthorized alien. Contractor agrees that he/she/it shall enroll in and verify the work eligibility
status of all of Contractor's newly hired employees through the E-Verify Program as defined by
T.C. 22-5-1.7-3. Contractor's documentation of enrollment and participation in the E-Verify
Program is included and attached as part of this bid/quote; and
5. Contractor shall require his/her/its subcontractors performing work under this public
contract to certify that the subcontractors do not knowingly employ or contract with an
unauthorized alien, nor retain any employee or contract with a person that the subcontractor
subsequently learns is an unauthorized alien, and that the subcontractor has enrolled in and is
participating in the E-Verify Program. The Contractor agrees to maintain this certification
throughout the term of the contract with the City of South Bend, and understands that the City
may terminate the contract for default if the Contractor fails to cure a breach of this provision no
later than thirty (30) days after being notified by the City.
6. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by
the City of South Bend through its agencies, boards, or commissions shall not discriminate
against any employee or applicant for employment in the performance of a City contract with
respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or
indirectly related to employment because of race, sex, religion, color, national origin, ancestry,
age, gender expression, gender identity, sexual orientation or disability that does not affect that
person's ability to perform the work. ,
In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials,
or any combination of the foregoing including, but not limited to, public works contracts
awarded under public bidding laws or other contracts in which public bids are not required by
law, the City, its agencies, boards, or commissions may consider the Contractor's good faith
efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority
Business ("MBE") or as a Women's Business Enterprise ("WBE") as a factor in determining
the lowest, responsible, responsive bidder.
In no event shall persons or entities seeking the award of a City contract be required to award a
subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said
WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE Utilization Board
shall prohibit that person or entity from being awarded a City contract for a period of one (1)
year from the date of such determination, and such determination may also be grounds for
terminating the contact for which the discriminatory practice or noncompliance pertains.
7. The undersigned contractor agrees that the following nondiscrimination commitment
shall be made a part of any contract which it may henceforth enter into with the City of South
Bend, Indiana or any of its agencies, boards or commissions.
Non -Collusion Non -debarment Affidavit Non Iran Form 2016
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