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R2022-127 Resolution Authorizing Second Amendment City of Decatur - Archer Daniels Midland Company - Raw Water Agreement
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R2022-127 Resolution Authorizing Second Amendment City of Decatur - Archer Daniels Midland Company - Raw Water Agreement
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Last modified
8/16/2022 4:28:35 PM
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8/16/2022 4:28:33 PM
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Resolution/Ordinance
Res Ord Num
R2022-127
Res Ord Title
R2022-127 Resolution Authorizing Second Amendment City of Decatur - Archer Daniels Midland Company - Raw Water Agreement
Department
Legal
Approved Date
8/15/2022
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contrary provision in the Purchase Agreement, 2014 Raw Water Supply <br /> Agreement,or any other agreement that would prohibit or limit ADM's ability to <br /> sell,transfer,resell,donate or give away water processed from Lake Decatur <br /> through the North Water Treatment Plant to third parties. <br /> b. This Second Amendment shall be deemed an Illinois contract, and any matter <br /> concerning this Second Amendment shall be determined by Illinois law. <br /> c. If any term or provision of this Second Amendment or the application thereof <br /> shall to any extent be invalid or unenforceable as finally detennined by any court <br /> of competent jurisdiction, the remaining portions of this Second Amendment shall <br /> remain in full force and effect. <br /> d. Capitalized terms used and not defined in this Second Amendment have the <br /> respective meanings assigned to them in the Purchase Agreement or 2014 Raw <br /> Water Supply Agreement. <br /> e. The Effective Date of this Second Amendment is as set forth above. <br /> f. This Second Amendment may be executed in one or more counterparts and <br /> delivered electronically,by facsimile or other electronic means,each of which <br /> shall be deemed to be an original,but all of which shall be considered one and <br /> the same instrument. <br /> IN WITNESS WHEREOF,the parties hereto have caused this Second Amendment to <br /> be executed in their respective corporate names by their respective officers thereunto duly <br /> authorized and their respective corporate seals to be hereunto affixed and attested by their <br /> respective officers having thereof the day and year first above written. <br /> (Signature pages follow) <br />
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