Revised Special Rate Agreement - I-N Tek and I-N Kote

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j. Compliance with Laws. In carrying out their respective rights and obligations hereunder, the City and I/N Tek each agree to comply with applicable local, state and federal statutes, laws, regulations and ordinances. k. Third Party Beneficiaries. Nothing contained in the agreement shall create any relationship, contractual or otherwise, with, or any rights in favor of, any third party. I. Non -Waiver. The Parties acknowledge this Agreement is based upon the current form of Sections 17-21; 17-29; and 17-81 of the City Code. In the event the Corm -non Council should modify the terms of the Sections of the City Code as such sections relate to this Agreement, I/N 'Tek shall have all rights granted under Indiana Law to contest the validity of such modifications and their applicability, if any, to this Agreement. m. Withdrawal of Petition. I/N Tek, as a condition precedent of the effectiveness of this Agreement, agrees to withdraw its Petition Opposing Increase in Sewage Rates and Charges For the City of South Bend, Indiana — Ordinance No. 10461-16 filed on January 27, 2017. I/N Tek shall provide the City with separate written confirmation of said withdrawal, however, such withdrawal shall be without prejudice to I/N Tek to challenge any ordinance imposing increases to rates or surcharges. n. Material Change. This Agreement is based upon on the Petition submitted by Robert Miller, Sr. ("Miller Petition), which challenges the outside city surcharge in Section 17-81 of the City Code being withdrawn discussed or ultimately rejected by final judgment no longer subject to appeal (the "Miller Petition"). I/N Tek shall not support the petitioner(s) in the Miller Petition in any manner. Pending the outcome of the Miller Petition, I/N Tek shall pay the outside city surcharge as set forth in Section 17-81 of the City Code. Should the Miller Petition be granted, the Parties agree it will be a Material Change to thus Agreement, and as a result, this Agreement shall be void ab initio from that date forward. IN WITNESS WHEREOF, I/N Tek and the City, through their duly authorized representatives, have caused this Agreement to be executed as of the day and year first written above. The parties have read and understand the foregoing terms of this Agreement and do, by their respective signatures hereby agree to its terms. [SIGNATURES CONTAINED ON FOLLOWING PAGE] Page 5 of 6