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for any damage to the Property caused by a latent defect but shall be responsible for damage caused
<br />by the action or inaction of the City's agents, contractors, employees, or invitees.
<br />5. Indemnification. For a period of six (6) months following the termination
<br />of this Agreement, the City agrees and undertakes to indemnify and hold the Owner and its agents,
<br />employees, successors, assigns, and licensees harmless r fom ally liability, loss, costs, damages or
<br />expenses, including attorneys' fees, which the Owner may suffer or incur as a result of any claims
<br />or actions which may be brought by any third party directly arising out of the City's use of the
<br />Property. If any action is brought against the Owner, or its agents, employees, successors, or
<br />assigns, in connection with the Purpose, the City agrees to defend such action or proceedings at its
<br />own expense and to pay any judgment rendered therein, provided that the City is promptly notified
<br />of such claim. If the Owner fails to notify the City promptly of a claim for which it seeks indemnification,
<br />and the City is prejudiced by the late notification the City's duty to defend the indemnified Party shall be
<br />terminated. Notwithstanding the foregoing or anything herein to the contrary, the City does not
<br />waive any governmental immunity or liability limitations available to it under Indiana law,
<br />6. Insurance. The City carries a blanket insurance policy covering property in
<br />which the City holds an interest, which shall include the Property, In addition, the City is a
<br />municipal corporation that is self -insured under provisions of Indiana statutes and local ordinance.
<br />Specifically, the City is covered by a non -reverting insurance premium and liability reserve fund
<br />created by the City's Ordinance § 6657-79, pursuant to, Indiana Code 34-13-3-4, as amended from
<br />time to time.
<br />7. Notices. Any notice required or permitted to be delivered hereunder shall
<br />be deemed to be delivered when deposited in the'United States Postal Service, postage prepaid,
<br />registered or certified mail, return receipt requested, addressed to the City or the Owner, as the
<br />case may be, at the address set forth below.
<br />Owner
<br />Janki LLC
<br />236 N Dixie Highway
<br />South Bend, IN 46637
<br />Attn. Ron Patel
<br />City of South Bend, Indiana
<br />Department of Community Investment
<br />227 W. Jefferson Boulevard, Suite 1400 S.
<br />South Bend, IN 46601
<br />Attn: Pamela Meyer
<br />Each undersigned person executing and delivering this Agreement on behalf of a Party represents
<br />and warrants that he or she is a duly authorized representative of such Party and that he or she has
<br />been fully empowered to execute and deliver this Agreement on behalf of such Party.
<br />& Comofiance. The Owner shall comply with all federal, state, and municipal
<br />laws, regulations, and standards applicable to its activities pursuant to this Agreement including,
<br />but not limited to, the requirements imposed by Ind. Code 22-9-1-10 (non-discrimination), the
<br />provisions of Ind. Code 5-22-16.5 (disqualification for dealings with the government of Iran), and
<br />the provisions of Ind. Code 22-5-1.7 (requiring E-Verify for new employees and prohibiting
<br />employment of unauthorized aliens). Each of the foregoing provisions is incorporated herein as if
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