R2022-179 Resolution Approving an Agreement Between the City of Decatur and Decatur Area Habitat for Humanity Regarding American Rescue Plan Funds

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Section 21. Any modification of this Agreement or additional obligations assumed by either party in connection this Agreement will be binding only if evidenced in writing and signed by each party. Section 22. Each provision of this Agreement is separable from the whole. If any portion of this Agreement is determined invalid, that invalidity will not impair the remaining provisions of this Agreement. Section 23. Nothing herein will grant any right or interest hereunder to any person not specifically identified as a party hereto. Section 24. Parties are barred from assigning or delegating the rights and/or duties set forth herein, and any attempted assignment or delegation will be null and void. Section 25. This Agreement will constitute the entire agreement between the parties, and any prior understanding or representation of any kind preceding the Effective date, will not be binding upon either party except to the extent incorporated herein. Section 26. Either the City or DAH4H may terminate this Agreement in whole or in part if determines that the terms set forth in this Agreement cannot be met. Termination is affected by the initiating party upon receipt of written notification by the other party setting forth: (1) the reasons for termination; (2) the effective date of termination; (3) the portion to the terminated, in the case of partial termination. In the case of partial termination, if the City in its sole discretion determines that the remaining portion of the award will not accomplish the purposes for which the award was made, it may terminate the entire Agreement. This Agreement is made between the City and the DAH4H and entered into on the last date written below. In witness, the parties have executed this Agreement. DATED this + day of ( , 2022. City of Decatur, Illinois Decatur Area Habitat for Humanity By: By: Its: , Its: Xec, iDVC L