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Section 12. CILBA 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 /> 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 ARPA and IHDA funds by CILBA,
<br /> including but not limited to the violation by CILBA of any of its covenants or agreements under
<br /> this Agreement, and any injury to any person, loss of life, or loss or destruction of property in
<br /> any way arising out of or relating to the performance or operation of CILBA operations use of
<br /> ARPA and IHDA funds.
<br /> Section 13. 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 62521
<br /> To CILBA: Mike Davis, Executive Director
<br /> Central Illinois Land Bank Authority
<br /> 201 N. Vermilion Street, 2nd Fl
<br /> Danville,IL 61832
<br /> Section 14. This Agreement will be binding upon and inure to the benefit of the parties,
<br /> their permitted assigns, and successors.
<br /> Section 15. Failure of either party to require strict compliance by the other party with any
<br /> provision of this Agreement on one or more occasions will not constitute a waiver of the right to
<br /> require strict compliance with the provision on any later occasion.
<br /> Section 16. This Agreement will be governed by and construed in accordance with the
<br /> laws of Illinois. Exclusive venue for all proceedings regarding this Agreement shall be Macon
<br /> County, Illinois.
<br /> Section 17. Any modification of this Agreement or additional obligations assumed by
<br /> either party in connection to this Agreement will be binding only if evidenced in writing and
<br /> signed by each party.
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