Special Purchase - Hoosier Fire Equipement - SCBA Fill Station

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Insurance During the term of this Agreement, Hoosier shall, at its own expense, maintain and carry insurance in fii11 force and effect which includes, but is not limited to, commercial general liability (including product liability) in a sum not less than one million ($1,000,000) dollars with a financially sound and reputable insurer. Upon the City's request, Hoosier shall provide the City with a certificate of insurance from Hoosier's insurer evidencing the insurance coverage specified in this Agreement. Hoosier agrees to provide City with thirty (30) days' advance written notice in the event of a cancellation or material change in Hoosier's insurance policy. Compliance with Law Hoosier affirms that it is in compliance with and shall comply with all applicable laws, regulations and ordinances. Hoosier has and shall maintain in effect, at all times, the required licenses and permits to carry out its obligations under this Agreement. Relationship of the Parties The relationship between the Parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the Parties, and neither Party shall have authority to contract for or bind the other Party in any manner whatsoever, no relationship of exclusivity shall be construed frorn this Agreement. Governing Law This Agreement is made under, and shall be governed by and construed in all respects in accordance with the laws of the State of Indiana. Any claim or dispute arising out of or related to this Agreement in any manner, or to the performance or alleged non- performance hereof, shall be resolved exclusively in the courts of St. Joseph County, Indiana. Entire_ Aereement/Waiver This Agreement constitutes the entire agreement and understanding between the Parties hereto with respect to the subject matter hereof and cancels, terminates and supersedes any prior agreement or understanding, written or verbal, relating to the subject matter of this Agreement. None of the provisions of this Agreement can be waived or modified except expressly in a writing signed by the Parties. If any term hereof shall be, or deemed to be, void or unenforceable by a court of competent jurisdiction, the remaining terms hereof shall remain in full force and effect. The waiver by either Party hereto of a breach by the other Party hereto of any provision herein shall not in any way constitute a waiver of any succeeding breach of the same or any other provision. IN WITNESS WHEREOF, the Parties, 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 terrns of this Agreement and do, by their respective signatures hereby agree to its terms. [SIGNATURES CONTAINED ON THE FOLLOWING PAGE]