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expenses, caused by the City of Decatur or any of its agents, contractors, officials or <br /> employees arising from: (i)any act of negligence or willful and wanton misconduct of the <br /> City or any of its agents, contractors, officials or employees; (ii) any breach or default on <br /> the part of the City in the performance of any of its obligations under or in respect of this <br /> Agreement; or (iii) any violation of Applicable Law. The City agrees to indemnify and <br /> save the Developer harmless from and against all costs and expenses incurred in or in <br /> connection with any such claim arising as aforesaid or in connection with any action or <br /> proceeding brought thereon. Notwithstanding the foregoing, the City of Decatur retains <br /> any and all defenses and immunities provided by the Local Governmental and <br /> Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq. In addition, <br /> neither party intends this paragraph to waive its rights to limited liability under the Illinois <br /> Worker's Compensation Act or Kotecki line of cases (146 Ill 2d 155, 585 NE 2d 1023 <br /> (1991)). Provided, further, notwithstanding the foregoing, the City shall not be liable to <br /> indemnify and hold the Developer harmless from any portion of any such loss, liability, <br /> cost or expense which results from the negligence or willful misconduct of the Developer, <br /> its officials,agents,or employees. <br /> ARTICLE VII: DEFAULT AND REMEDIES <br /> 7.1 Events of Default. <br /> The following shall be events of default(each, an "Event of Default")with respect to this <br /> Agreement: <br /> 7.1.1 Misrepresentation. <br /> If any material representation made by the Developer or the City in this <br /> Agreement,or in any certificate,notice,demand or request made by the Developer <br /> or the City in writing and delivered to the other party pursuant to or in connection <br /> with any of said documents shall prove to be untrue or incorrect in any material <br /> respect as of the date made;or <br /> 7.1.2 Breach. <br /> Breach by the Developer or the City of any material covenant, warranty or <br /> obligation set forth in this Agreement. <br /> 7.2 Remedies Upon Default. <br /> In the case of an Event of Default by either party hereto or any successors to such party, <br /> such party or successor shall, upon written notice from the other party, take immediate <br /> action to cure or remedy such Event of Default within sixty(60)days after receipt of such <br />