R2019-184 Resolution Authorizing Agreement with Robert Oleson, Project Manager

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WAiVER C1F CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequentiy enforce and compel str"rct compliance with every provision of this Agreement. NOTICE. Any notice or communication required ar permitted under this Agreement shall be deemed p�ovideti if given in person ar mailed by certified maii,return receipt requested,to the party at the address set forth below: FQR THE ClTY: FC1R TFtE PRC}1ECT MANAGER: Richelle D. lrons Rabert Oleson City of necatur Smart Consulting One Gary K.Anderson Plaza 230 Bel!Ct. Decatur, fL 6252� Mt,Zion, IL 62549 SEVERABILITY. If any provision of this Agreement is held by a court of law to be inval'sd or unenforceable far any reason,the remaining provisions shal)remain valid and enforceable. ENTiRE AGREEMENT. This Agreement contains the entire agreement of the parties,and no other pramises ar conditions whether aral or written concerning the subject matter of this Agreement have been made. This Agreement supersedes any priar written or aral agreements between the parties. AMENDMENT. The Agreement may be modified or amended only upon written agreement of the parties. ASSlGNNlENT. Neither party rr�ay assign or transfer this Agreement withaut the prior written consent af the other,which approva!shall nat be unreasonably withheld. BINDING EFFECT. This Agreement shall#ake effect an the date first writien above,and shall be binding upon and inure to the benefit of City and its assigns,and the Project Manager and its permitted assigns. The individuals signing this Agreement on behalf of the Parties hereto represent that each is a duly autharized agent for that party,and that he/she has fuU autharity to enter th,s Agreemeni on behalf of that party. CITY: 1�-�� -'�(�1� $Y: pate ,.._-------� PR{}1ECT M R: f ,�� �Y� Date �4 Page 132 af 344