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which insurance shall be in the amount of not less than Five Million Dollars ($5,000,000) in <br />the aggregate and Seven Hundred Thousand dollars ($700,000) per occurrence. Further, <br />MACOG or its subcontractor shall post a One Thousand Dollar ($1,000.00) performance bond <br />pursuant to its work in the City right of way. <br />11.When MACOG notifies the Board of Public Works that the monitoring well(s) <br />have been removed, the City will inspect the work and, if satisfied that there has been <br />compliance with paragraph 8, regarding property abandonment of the monitoring well(s), the <br />bond and insurance may be cancelled. <br />12. In further consideration for the approval of this Agreement by the City, MACOG, <br />shall provide the City with an annual fact sheet summarizing the testing performed and the <br />resulting findings including, but not limited to, a listing of contaminates of concern, the extent <br />of such contaminates and the direction of any contamination that is determined to be migrating <br />to or away from the testing area. Such annual summary shall be submitted on or before December <br />1st of each year during the term of this Agreement and delivered to the Director of Public <br />Works, 227 West Jefferson, 13th Floor, County-City Building, South Bend, Indiana 46601. <br />Further, MACOG agrees that, upon the request of the City, it shall make available to the City the <br />results of any other testing at the Site. Such access shall be granted at a reasonable place and <br />time. <br />13.It is also agreed that MACOG, or its subcontractor, shall apply to the City’s <br />Engineering Division for an excavation permit, if necessary, and shall pay the appropriate fee for <br />said permit. <br />14.This Agreement shall be governed by the laws of the State of Indiana. <br />[Signatures on following page]