R2025-286 Resolution Authorizing Agreement and Appointing Interim City Manager

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no inducements,promises,terms, conditions, or obligations made or entered into by either the City or Employee which are not expressly contained herein. The Parties agree that to the extent any statement, comment, or representation has been made which lie outside of this Agreement, the other of them did not rely upon such in any manner or fashion whatsoever. The Parties further agree that each has had the opportunity to utilize legal counsel of her or its own choosing and has conducted investigation into the matters contained herein sufficient to satisfy said Party. The Parties further covenant and agree that neither of them enter into this Agreement under any duress, confusion, or misapprehension,but both Parties agree that they fully understand the terms hereof. This Agreement shall not be subject to amendment, alteration or modification is reduced to a writing executed by both Parties. 17. HEADINGS AND RECITALS. The Parties agree that the headings which are utilized within this Agreement are for the convenience of the Parties alone, and such headings shall not increase, decrease, alter, or modify the terms of the language set forth herein. The Recitals are an integral part of this Agreement and are incorporated herein. 18. APPLICABLE LAW. This Agreement is entered into within the City of Decatur County of Macon, State of Illinois on the date first above-written, and said Agreement shall be subject to and interpreted and construed according to the laws of the State of Illinois. Any action, claim or demand brought in any court for the breach hereof or seeking a declaration of the meaning hereof, shall be brought in the Circuit Court of the Sixth Judicial Circuit, Macon County, Illinois,to the exclusion of all other venues. 19. WAIVER OF BREACH. The waiver by either Party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to be a waiver of,any subsequent breach of the same or other provisions hereof. 20. ASSIGNMENT. No assignment of this Agreement or of the rights or obligations hereunder shall be valid without the specific written consent of the Parties. 21. SEVERABILITY. If any portion or portions of this Agreement shall be, for any reason, invalid or unenforceable,the remaining portion or portions shall nevertheless be valid, enforceable and carried into effect,unless to do so would clearly violate the present legal and valid intention of the Parties. 22. NOTICES. All notices hereunder shall be in writing and shall be deemed to have been given if hand delivered or which mailed,postage prepaid, certified return receipt requested: (a) If to the City, addressed to: City of Decatur Attention: City Clerk One Gary K.Anderson Plaza Decatur,IL 62523-1196