2015-11 AUTHORIZING AGREEMENT AND APPOINTING CITY MANAGER Timothy Gleason

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- 8 - 9.3 Costs. Prevailing party in any action or dispute arisingfrom the terms of Agreement, or from enforcement of any of the provisions of Agreement or from City Manager's employment, will be entitled to recover all costs of such action or dispute,I including reasonable attorneys' fees. 9.4 Binding Effect. Agreement will be binding upon and inure to the benefit of the parties, their permitted assigns, and legal representatives. 9.5 Non-Waiver. Failure of either party to require strict compliance by the other with any provision of Agreement on one or more occasions will not constitute a waiver of the right to require strict compliance with the provision on any later occasion. 9.6 Illinois Law and Venue. Agreement will be governed by and construed in accordance with the laws of Illinois. Exclusive venue for all proceedings regarding Agreement shall be Macon County, Illinois. 9.7 Modification of Agreement. Any modification of Agreement or additional obligation assumed by either party in connection with Agreement will be binding only if evidenced in a writing signed by each party. 9.8 Severability. Each provision of Agreement is separable frdm the whole. If any portion of Agreement is determined invalid, that invalidity will not i0pair the remaining provisions of Agreement. 9.9 Headings. Titles to articles, sections and paragraphs of Agreement are solely for convenience and will not be used to explain, modify, or aid in interpretation of the provisions of Agreement. 9.10 No Third Party Rights. Nothing herein will grant any right or interest hereunder to any person not specifically identified as a party hereto. 9.11 Assignments and Successors. Parties are barred from assigning or delegating the rights and/or duties set forth herein, and any attempted assignment or delegation will be null and void. 9.12 Entire Agreement. Agreement will constitute the entire agreement between the parties and any prior understanding or representation of any kind precedin the Effective Date, including the "Decatur City Manager Offer Sheet" accepted by City Manager on February 25, 2015, will not be binding upon either party except to the extent incorporated herein. (The following page is the signature page.)