This text of Indiana § 8-15.7-5-10 (Memoranda of understanding for implementation of public-private
agreement) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
The department may enter into one (1) or
more memoranda of understanding with respect to the implementation
and administration of a public-private agreement. The memoranda may
provide that the department has responsibility for, and shall administer
and oversee certain aspects of the implementation of, the public-private
agreement under this article, including:
(1)undertaking any oversight and monitoring of the operator as
provided under the public-private agreement;
(2)reviewing plans for development and operation, as applicable,
as provided under the public-private agreement;
(3)granting or denying all consents and approvals as provided
under the public-private agreement, except for consents and
approvals relating to financial matters that the department is not
permitted to grant or de
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The department may enter into one (1) or
more memoranda of understanding with respect to the implementation
and administration of a public-private agreement. The memoranda may
provide that the department has responsibility for, and shall administer
and oversee certain aspects of the implementation of, the public-private
agreement under this article, including:
(1) undertaking any oversight and monitoring of the operator as
provided under the public-private agreement;
(2) reviewing plans for development and operation, as applicable,
as provided under the public-private agreement;
(3) granting or denying all consents and approvals as provided
under the public-private agreement, except for consents and
approvals relating to financial matters that the department is not
permitted to grant or deny under applicable law, in which case the
authority shall execute the consents and approvals prepared by the
department;
(4) receiving all development, operations, and financial reports
prepared by the operator or others, as provided under the
public-private agreement;
(5) preparing, negotiating, and executing any change orders and
amendments to the public-private agreement;
(6) issuing other written correspondence and communications on
behalf of the authority as provided under the public-private
agreement;
(7) preparing and issuing noncompliance letters and reports,
warning notices, and default letters to the operator as provided
under the public-private agreement; and
(8) exercising rights and remedies for a breach or default by the
operator as provided under the public-private agreement, except
for rights and remedies relating to financial matters that the
department is not permitted to exercise under applicable law, in
which case the authority shall exercise the rights and remedies.