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Community Development Act of 1974, as amended; Section 504 of the Rehabilitation Act of
<br /> 1973; the American with Disabilities Act of 1990 as amended and the Age Discrimination Act of
<br /> 1975 as amended.
<br /> Section 14. CMI hereby assumes liability for and agrees to protect, hold harmless, and
<br /> indemnify the City, its assigns, officers, employees, directors, agents and servants from and
<br /> against all liabilities, obligations, losses, damages, penalties, judgments, settlements, claims,
<br /> action, suits, proceedings, costs, expenses, and disbursements, including legal fees and expenses
<br /> of whatever kind and nature, imposed on, incurred by or asserted against the City, its assigns,
<br /> officers, employees, directors, agents and servants in any way relating to or arising out of any
<br /> allegations, claims or charges regarding the use of the ARP funds by CMI, including but not
<br /> limited to the violation by the CMI of any of its covenants or agreements under this Agreement,
<br /> any act or failure to act done in connection with the performance or operation of CMI's use of
<br /> ARP funds, and any injury to any person, loss of life, or loss or destruction of property in any
<br /> way arising out of or relating to the performance or operation of CMI programs or operations use
<br /> of ARP funds.
<br /> Section 15. CMI shall be and act as an independent contractor and not as a partner,joint
<br /> venture, or agent of the City and shall not bind nor attempt to bind City to any contract or
<br /> agreement.
<br /> Section 16. The City shall not be obligated to provide the funds to the CMI until and
<br /> unless the CMI satisfactorily performs all of its obligations under this Agreement.
<br /> Section 17. All Notices shall be in writing and delivered in person, or by overnight
<br /> delivery service with receipt, or deposited in the United States Mail, postage prepaid, by certified
<br /> or registered mail, return receipt requested, to the address set forth below, or at such other place
<br /> as a party may designate by written notice to all parties. A Notice shall be deemed given: (i) if
<br /> personally delivered, on the date delivered; (ii) if by overnight delivery service, on the date
<br /> delivered to the addressee; and(iii) if by mail, three (3) days after mailing.
<br /> To City: City Manager
<br /> City of Decatur
<br /> #1 Gary K. Anderson Plaza
<br /> Decatur, IL 62523
<br /> To CMI: Executive Director
<br /> Children's Museum of Illinois
<br /> 55 S. Country Club Road
<br /> Decatur, IL 62521
<br /> Section 18. This Agreement will be binding upon and inure to the benefit of the parties,
<br /> their permitted assigns, and successors.
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