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3. The Municipal Sales Tax collected by the State of Illinois generated by businesses <br /> located within the Southeast Plaza Redevelopment Area through the Yd Quarter of 2020. <br /> VI. WAIVER OF CLAIM. <br /> 1. Except as otherwise provided in this Final Agreement, each party waives and releases <br /> any and all claims arising from the RDA whether past, present or future. This Final <br /> Agreement, except as otherwise provided herein, shall terminate and bar each party's <br /> rights under the RDA, whether past,present or future. <br /> 2. This Agreement constitutes a compromise, settlement, and release of disputed claims <br /> and is being entered into solely to avoid the burden, inconvenience, and expense of <br /> contesting those claims. Neither Party to this Agreement admits any liability to the <br /> other Party with respect to any such claim or any other matter. Each Party expressly <br /> denies liability as to every claim,which may be asserted by the other Party. Therefore, <br /> this Agreement is not to be and shall never be construed or deemed an admission or <br /> concession by any of the Parties hereto of liability or culpability at any time for any <br /> purpose concerning any claim being compromised, settled, and released, or any other <br /> matter. <br /> 3. The Parties agree to act in good faith and to cooperate fully with each other in carrying <br /> out the intent of this Final Agreement, and for that purpose agree to execute all <br /> additional documents as may prove reasonably necessary to accomplish that intent. <br /> 4. There has been and will be no assignment nor other transfer of any claim released here, <br /> or any part thereof, and the Developer agrees to hold harmless the City from any claim, <br /> obligation, or other liability arising from the successful assertion by any third party of <br /> a right with regard to any payment made to Developer which is released by this <br /> Agreement including attorney's fees and costs incurred by the City, <br /> VII. WARRANTIES AND REPRESENTATIONS. The foregoing warranties and <br /> representations shall survive the execution and delivery of this Agreement. <br /> VIII. INCORPORATION OF RECITALS. The Parties hereby incorporate the Recitals set <br /> forth above as an integral part of this Agreement and acknowledge the truth and accuracy of those <br /> Recitals. <br /> IX. FINAL AGREEMENT. This Final Agreement is the entire, final, and complete agreement <br /> of the Parties relating to the subject of this Final Agreement and supersedes and replaces all prior <br /> or existing written and oral agreements between the Parties or their representatives relating thereto. <br /> No amendment or modification of this Agreement shall be effective unless in a writing executed <br /> by all Parties whose interests are affected by the modification. <br /> X. CONFLICT. To the extent that this Final Agreement conflicts with any provision of the <br /> Agreement, the terms of this Final Agreement shall apply. <br /> 4 <br />