R2020-183 Resolution Authorizing Execution of an Agreement for Management and Operation of City of Decatur Public Transit Services with MV Transportation, Inc.

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F. Notice: All notices required herein shall be deemed to be made when deposited with the United States Postal Service,postage prepaid, and addressed as follows: TO CONTRACTOR: TO CITY: MV Transportation, Inc. Decatur Public Transit System Attn: Matt Veach Attn: Mass Transit Administrator 2711 N. Haskell Ave., Suite 1500 555 E. Wood Street Dallas, TX 75204 Decatur, IL 62523 With a copy to: contractsreview@mvtransit.com Or to such other address as may from time to time be designated in a notice sent to the other party for that purpose. G. Assignment: This Agreement shall not be assigned, transferred, hypothecated or pledged by either party without the prior written consent of the other party, not to be unreasonably withheld. However, this Agreement shall be binding upon the successors or assigns or the respective parties. H. Entire Contract: This Agreement, including the documents referenced in the first numbered paragraph hereof, constitutes the entire agreement between the parties concerning the subject matter of this Agreement. Modifications and waivers must be in writing and signed by authorized representatives of the parties hereto. Any provision of this Agreement officially declared void, unenforceable, or against public policy, shall be ignored, and the remaining provisions of this Agreement shall be interpreted, as far as possible, to give effect to the parties' intent. All provisions that by their nature would be expected to survive, shall survive termination of this Agreement. I. Counterparts: This agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Faxed and emailed copies of manually executed signature pages to the agreement will be fully binding and enforceable without the need for delivery of the original manually executed signature page. J. Force Majeure: CONTRACTOR shall not be liable to CITY for any failure, delay, or interruption of service, or for any failure or delay in the performance of any obligation under this Agreement due to acts of God (including severe weather), governmental restrictions, enemy action, pandemic, civil commotion, unavoidable casualty, unavailability of fuel or parts, or other similar acts beyond the reasonable control of CONTRACTOR. K. No Personal Liability: No officer, director, or employee of the CITY or of the CONTRACTOR shall be personally liable for the fulfillment of the conditions of this Agreement. L. No Joint Venture: Nothing in this Agreement shall be construed as creating or constituting the relationship of a partnership or joint venture between the parties hereto. Each party shall be