R2024-106 Resolution Authorizing a Lease Agreement with G & H Services, LLC-1 for Nelson Park Marina Fuel System

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Section 19. The warranties and agreements contained herein shall extend to and be obligated upon the parties'respective agents,representatives,officers,transferees, heirs, executors,administrators, successors,and assigns of the parties hereto. Section 20. This Agreement may be terminated in whole or in part by either party in writing in the event of failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party. No termination shall be effective until and unless the other party is given not less than fifteen(15)calendar days prior written notice of intent to terminate and an opportunity for consultation with the terminating party prior to termination. Section 21. Time shall be considered to be of the essence of this Agreement. Section 22. This Agreement shall be construed,interpreted,and governed by the laws of the State of Illinois. Each Party agrees that any legal action to enforce or defend with respect to this Agreement(a"Legal Action")shall be brought only in the Circuit Court of the State of Illinois in Macon County. Exclusive venue for all proceedings regarding this Agreement shall be Macon County,Illinois. Each Party further accepts for itself,himself or herself and in respect of its,his or her property,generally and unconditionally,the exclusive jurisdiction of that court with respect to any Legal Action and irrevocably waives any objection, including, without limitation, any objection to the Iaying of venue or based on the grounds of forum non conveniens, which it,he or she may now or hereafter have to the bringing of any Legal Action in that jurisdiction and venue. Section 23. No failure or delay by either party in exercising any right,power,or privilege hereunder will operate as a waiver thereof,nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder. Section 24. This Agreement shall be in effect as long as G&H is operating a marina on or immediately adjacent to Lake Decatur. This Agreement shall terminate immediately and without notice if and when G&H ceases to operate said marina. Either party may terminate this Agreement with six months prior notice to the non-terminating ply Section 25. G&H agrees to obtain and maintain the following insurance coverages with the City of Decatur,its trustees, officers,directors,and employees are named as additional insureds: • General Liability-$1,000,000 Each Occurrence, $2,000,000 Aggregate • Workers Compensation-$500K/$500K/$500K • Umbrella/Excess Liability$5,000,000 Each Occurrence/$5,000,000 Aggregate