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w <br /> 20. Non-Agency. It is agreed that the City is not an agent of ADM and shall <br /> not incur any costs or expenses on behalf of ADM, and that ADM is not an agent of the <br /> City and shall not incur any costs or expenses on behalf of the City. <br /> 21. Default. If either party in default with respect to, breaches or fails to <br /> perform one or more of the representations, covenants, warranties or other terms of this <br /> Agreement, and such default, breach or failure is not cured or corrected within fifteen <br /> (15) business days after receipt of written notice thereof given by the other party, the <br /> other party shall be entitled to (i) terminate this Agreement, (ii) sue for specific <br /> performance, and (iii) pursue any and all remedies available at law or in the equity, <br /> including without limitation, recovery of the actual costs incurred in connection with the <br /> transaction contemplated in this Agreement. <br /> 22. Term. This Agreement shall have a term of twenty (20) years <br /> commencing on the Closing Date of the acquisition by ADM of the City's North Plant. <br /> This Agreement shall automatically renew for terms of five (5) years, unless either party <br /> gives written notice not less than one (1) year prior to the expiration of the current term <br /> that the party does not desire that the Agreement be renewed. <br /> 23. Complete Agreement. This Agreement sets forth the complete <br /> understanding between the City and ADM, and any amendment hereto to be effective <br /> must be in writing. <br /> 15 <br />