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R2022-163 Resolution Authozing Agreement with Ameren Illinois Company for Interconnection Solar
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R2022-163 Resolution Authozing Agreement with Ameren Illinois Company for Interconnection Solar
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Last modified
1/24/2023 5:05:19 PM
Creation date
10/7/2022 9:55:57 AM
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Resolution/Ordinance
Res Ord Num
R2022-163
Res Ord Title
R2022-163 Resolution Authozing Agreement with Ameren Illinois Company for Interconnection Solar
Department
City Manager
Approved Date
10/3/2022
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Article 9. Miscellaneous <br /> 9.1 Governing Law, Regulatory Authority, and Rules <br /> The validity, interpretation and enforcement of this Agreement and each of its provisions <br /> shall be governed by the laws of the State of Illinois,without regard to its conflicts of law <br /> principles. This Agreement is subject to all applicable laws and regulations. Each Party <br /> expressly reserves the right to seek change in, appeal, or otherwise contest any laws, <br /> orders or regulations of a governmental authority. The language in all parts of this <br /> Agreement shall in all cases be construed as a whole, according to its fair meaning, and <br /> not strictly for or against the EDC or interconnection customer,regardless of the <br /> involvement of either Party in drafting this Agreement. <br /> 9.2 Amendment <br /> Modification of this Agreement shall be only by a written instrument duly executed by <br /> both Parties. <br /> 9.3 No Third-Party Beneficiaries <br /> This Agreement is not intended to and does not create rights,remedies, or benefits of any <br /> character whatsoever in favor of any persons, corporations, associations, or entities other <br /> than the Parties, and the obligations in this Agreement assumed are solely for the use and <br /> benefit of the Parties, their successors in interest and,where permitted, their assigns. <br /> 9.4 Waiver <br /> 9.4.1 Except as otherwise provided in this Agreement, a Party's compliance with any <br /> obligation, covenant,agreement, or condition in this Agreement may be waived <br /> by the Party entitled to the benefits thereof only by a written instrument signed by <br /> the Party granting the waiver,but the waiver or failure to insist upon strict <br /> compliance with the obligation, covenant,agreement, or condition shall not <br /> operate as a waiver of, or estoppel with respect to, any subsequent or other failure. <br /> 9.4.2. Failure of any Party to enforce or insist upon compliance with any of the terms or <br /> conditions of this Agreement, or to give notice or declare this Agreement or the <br /> rights under this Agreement terminated, shall not constitute a waiver or <br /> relinquishment of any rights set out in this Agreement, but the same shall be and <br /> remain at all times in full force and effect,unless and only to the extent expressly <br /> set forth in a written document signed by that Party granting the waiver or <br /> relinquishing any such rights. Any waiver granted, or relinquishment of any right, <br /> by a Party shall not operate as a relinquishment of any other rights or a waiver of <br /> any other failure of the Party granted the waiver to comply with any obligation, <br /> covenant, agreement, or condition of this Agreement. <br />
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