R2023-205 Resolution Authorizing Agreement with Community Investment Corporation of Decatur for Managing the Decatur Homebuyer Ecosystem, Counseling and Education Program

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and any injury to any person, loss of life, or loss or destruction of property in any way arising out of or relating to the performance or operation of CICD operations use of ARPA funds. Section 12. All Notices shall be in writing and delivered in person, or by overnight delivery service with receipt, or deposited in the United States Mail,postage prepaid, by certified or registered mail, return receipt requested,to the address set forth below, or at such other place as a party may designate by written notice to all parties. A Notice shall be deemed given: (i) if personally delivered, on the date delivered; (ii) if by overnight delivery service, on the date delivered to the addressee; and(iii) if by mail,three (3) days after mailing. To City: City Manager City of Decatur #1 Gary K. Anderson Plaza Decatur, IL 62521 To CICD: James Seaberg, President Community Investment Corporation of Decatur 120 N. Franklin Street, Ste. C Decatur, IL 62523 Section 13. This Agreement will be binding upon and inure to the benefit of the parties, their permitted assigns,and successors. Section 14. Failure of either party to require strict compliance by the other party with any provision of this Agreement on one or more occasions will not constitute a waiver of the right ht to g g require strict compliance with the provision on any later occasion. Section 15. This Agreement will be governed by and construed in accordance with the laws of Illinois. Exclusive venue for all proceedings regarding this Agreement shall be Macon County, Illinois. Section 16. Any modification of this Agreement or additional obligations assumed by either party in connection to this Agreement will be binding only if evidenced in writing and signed by each party. Section 17. 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 18. Nothing herein will grant any right or interest hereunder to any person not specifically identified as a party hereto. Section 19. 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. Ex.A