R2023-212 Resolution Authorizing City Manager to Amend the Terms of Agreement for the American Rescue Plan Funds to Land of Lincoln Credit Union

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against all liabilities, obligations, losses, damages,penalties,judgements, settlements, claims, actions, suits, proceedings, costs, expenses, and disbursements, including legal fees and expenses of whatever kind and nature, imposed on, incurred by or asserted against the City, its assigns, officers, employees, directors, agents, and servants in any way relating to or arising out of any allegations, claims, or charges regarding the use of the ARP funds by LLCU, including but not limited to the violation by LLCU of any of its covenants or agreements under this Agreement, any act or failure to act done in connection with the Performance or operation of LLCU's use of ARP funds, 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 LLCU operations use of ARP funds. Section 16. 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 LLCU: Robert Ares, CEO Land of Lincoln Credit Union 4850 E. Prosperity Place Decatur, IL 62521 Section 17. This Agreement will be binding upon and inure to the benefit of the parties, their permitted assigns, and successors. Section 18. 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 to require strict compliance with the provision on any later occasion. Section 19. 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 20. 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 21. 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.