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Project undertaken by Owner, including but not limited to Owner's violation of any of the <br /> covenants or agreements under this Agreement, any act or failure to act done in connection with <br /> the performance or operation of Project, and any injury to any person, loss of life, or loss or <br /> destruction of property in any way arising out of or relating to the performance or operation of <br /> the use of funds in Program or in the construction, operation or maintenance of Project. <br /> 12. This Agreement may be terminated in whole or in part by either parry in writing in <br /> the event of failure by the other party to fulfill its obligations under this Agreement through no <br /> fault of the terminating party. No termination shall be effective until and unless the other party is <br /> given not less than fifteen(15) calendar days prior written notice of intent to terminate and an <br /> opportunity for consultation with the terminating party prior to termination. If the City has <br /> provided any reimbursement or monies to Owner for Project and Owner has failed to fulfill its <br /> obligations under this Agreement, Owner shall reimburse and pay to City all monies received <br /> under the terms of this Agreement within thirty(30)days following demand by the City for <br /> payment. <br /> 13. In addition to termination as set forth above,this Agreement shall be terminated <br /> immediately without further notice or opportunity to consult and become void if funding <br /> becomes unavailable for any reason for Project prior to any actual construction of Project or if <br /> the bid which Owner receives for Project exceeds the total not to exceed project cost of Project <br /> as set forth in Exhibit 2 by fifteen percent(15%)or more. <br /> 14. All notices, demands and requests that are required or allowed to be given by <br /> either party shall be in writing and shall be personally delivered or sent by certified mail, <br /> postage prepaid,to the address as set forth below or to such other address as either party <br /> may subsequently designate in writing: <br /> OWNER: CITY: <br /> Lynn Clarkson City of Decatur <br /> Po Box 80 City Clerk <br /> Cerro Gordo, Il 61818 One Gary K. Anderson Plaza <br /> Decatur, IL 62523 <br />