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Development Act of 1974, as amended; Section 504 of the Rehabilitation Act of 1973;the
<br /> American with Disabilities Act of 1990 as amended, and the Age Discrimination Act of 1975 as
<br /> amended.
<br /> Section 16.NCF 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,judgements, settlements, claims,
<br /> actions, 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 NCF, including but not
<br /> limited to the violation by NCF of any of its covenants or agreements under this Agreement, any
<br /> act or failure to act done in connection with the Performance or operation of NCF's use of ARP
<br /> funds,and any injury to any person,loss of life, or loss or destruction of property in any way
<br /> arising out of or relating to the performance or operation of NCF operations use of ARP funds.
<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 of Decatur
<br /> City Manager
<br /> #1 Gary K. Anderson Plaza
<br /> Decatur,IL 62521
<br /> To NCF: Northeast Community Fund
<br /> Executive Director
<br /> 839 N. Martin Luther King Dr.
<br /> Decatur, Il 62521
<br /> Section 18. Either the City or NCF may terminate this Agreement in whole or in part if
<br /> either determines that the terms set forth in this Agreement cannot be met. Termination is
<br /> affected by the initiating party upon receipt of written notification by the other party setting
<br /> forth: (1)the reasons for termination; (2)the effective date of termination; (3)the portion to the
<br /> terminated,in the case of partial termination. In the case of partial termination, if the City in its
<br /> sole discretion determines that the remaining portion of the award will not accomplish the
<br /> purposes for which the award was made,it may terminate the entire Agreement.
<br /> Section 19.NCF will provide before and after pictures of each project funded through the
<br /> Program.
<br /> Section 20. This Agreement will be binding upon and inure to the benefit of the parties,
<br /> their permitted assigns,and successors.
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