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deemed to constitute a waiver of other rights and remedies provided said party <br /> pursuant to this Agreement. <br /> p n .g et <br /> 8. Notices. All notices, demands, requests, consents, approvals or other <br /> instruments permitted by this Agreement shall be in writing and shall be executed <br /> by the party or an officer, agent or attorney of the party, and shall be deemed to <br /> have been effective as of the date of actual delivery, if delivered personally, or as <br /> of the third day from and including the date of posting, if mailed by registered or <br /> certified mail, return receipt requested, with postage prepaid, addressed as <br /> follows: <br /> TO FS: TO CITY: <br /> Evergreen FS, Inc. City of Decatur <br /> Attn: Brent Owen Attn. Purchasing Division <br /> 402 N. Hershey Rd. #1 Gary K. Anderson Plaza <br /> PO Box 1367 Decatur, IL 62523-1196 <br /> Bloomington, IL 61704 <br /> 9. Successors in interest. This Agreement shall be binding upon and <br /> inure to the benefit of the parties hereto and their respective grantees, <br /> successors, heirs, and assigns. <br /> 10. Legal Challenge. If any action is brought by any entity before any <br /> court of competent jurisdiction, or any administrative agency having regulatory or <br /> other responsibility for the matter, challenging the validity of any provision of this <br /> Agreement, FS shall indemnify and hold harmless the City for all costs and <br /> expenses related to the defense of such action, including reasonable attorney's <br /> fees. <br /> 11. Default. In the event of a default under this Agreement, which default <br /> is not cured within the cure period provided for below, the other party shall have <br /> 3 <br />