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EXHIBIT A <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 either party <br /> shall be in writing and shall be personally delivered or sent by certified mail,postage prepaid,to <br /> the address as set forth below or to such other address as either party may subsequently designate <br /> in writing: <br /> OWNER: CITY: <br /> Rita Jo Randol City of Decatur <br /> 5708 Jacobs Rd. City Clerk <br /> Macon, IL 62544 One Gary K Anderson Plaza <br /> Decatur, IL 62523 <br /> 15. Owner and City represent to each other that each has retained and relied or had the <br /> opportunity to retain and rely on its own legal counsel,accountants and other professional <br /> advisers in connection with the negotiation, execution, and performance of this Agreement and <br /> its consequences,including,without limitation, tax consequences. Owner and City represent to <br /> each other that any such professional fees and expenses incurred in connection with this <br /> Agreement and its performance or in any other regard,shall be the sole obligation of that party, <br /> and each party shall pay its own expenses related to this Agreement and performance of its <br /> respective obligations hereunder. <br /> 16. Each signator to this Agreement warrants and represents that such signator is duly <br /> authorized to execute this Agreement on behalf of the party for who the Agreement is signed. <br /> 17. This Agreement may only be amended by a written instrument signed by each party <br /> hereto. <br /> 4 of 6 <br />