R2019-18 Resolution Authorizing Agreement and Appointing Interim City Manager

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action,claim, or demand brought in any court for the breach hereof or seeking a declaration of the meaning hereof, shall be brought in the Circuit Court of the Sixth Judicial Circuit,Macon County, Illinois,to the exclusion of all other venues. 19. WAIVER OF BREACH. The waiver by either Party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to be a waiver of, any subsequent breach of the same or other provisions hereof. 20. ASSIGNMENT. No assignment of this Agreement or of the rights or obligations hereunder shall be valid without the specific written consent of the Parties. 2l. SEVERABILITY. If any portion or portions of this Agreement shall be, for any reason, invalid or unenforceab(e,the remaining portion or portions shall nevertheless be valid, enforceab(e and carried into effect,unless to do so would clearly violate the present legal and valid intention of the Parties. 22. NOTICES. All notices hereunder shall be in writing and shall be deemed to have been given if hand delivered or which mailed,postage prepaid,certified return receipt requested: (a} If to the City, addressed to: Attention: City Clerk One Gary K.Anderson Plaza Decatur, IL 62523-1196 (b) If to Employee,addressed to: Wendy L.Morthland One Gary K.Anderson Plaza Decatur, IL 62523-1 l96 23. EMPLOYMENT STATUS OF EMPLOYEE. It is agreed by the Parties hereto that Employee, in performance of her duties and responsibilities hereunder, is an employee of City and exempt under state and federal wage and hour statutes and The Fair Labor and Standards Act. IN WITNESS WHEREOF,the Parties hereto do hereby execute this Agreement on the date first above written. C O D C TUR,an Illinois Municipal Corporation �U � Jul' oore-Wolfe,Mayor A�TTEST: ity lerk �� Wendy L.Morthland Pa��e 4 or��