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4.4.4. The provisions of this Section shall survive the expiration or termination of this Agreement.
<br /> 4.5. Notices.
<br /> 4.5.1. All notices or other communication required or permitted to be given under this Agreement shall be in
<br /> writing(unless otherwise specifically provided herein) and delivered or addressed as follows:
<br /> If to Client: If to FirsTech:
<br /> City of Decatur FirsTech, Inc
<br /> City Treasurer 130 N. Water Street
<br /> 1 Gary K Anderson Plaza Decatur, IL 62523
<br /> Decatur, IL 62523 Attn: President&CEO
<br /> 4.5.2. All notices or other communications shall be deemed effectively given: (a)when delivered, if personally
<br /> delivered(except that notices received after 3:00 p.m. local time will be deemed received on the following
<br /> business day); (b) on the date of delivery(or, if refused,the refusal date shown on the return receipt) if
<br /> mailed certified or registered mail, return receipt requested; (c)four(4)days after mailing if mailed first
<br /> class;or(d)when received by the party for which notice is intended if given in any other manner(except
<br /> that notices received after 3:00 p.m. local time will be deemed received on the following business day).
<br /> 4.6. Governing Law. The validity of this Agreement, the construction and enforcement of its terms, and the
<br /> interpretation of the rights and duties of the parties shall be governed by the domestic laws of the State of
<br /> Illinois. The parties agree that venue for any dispute, claim, litigation,or cause of action of any kind shall be in
<br /> the Circuit Court of Macon County, Illinois or if Federal Jurisdiction is invoked, the United States District Court for
<br /> the central district of Illinois.
<br /> 4.7. Compliance with Laws. Parties shall comply at their own expense with all applicable federal, state, local and
<br /> foreign laws,ordinances, regulations and codes, including the identification and procurement of required
<br /> permits, certificates, licenses, insurance,approvals and inspections in performance of this Agreement. Each
<br /> party understands and agrees that, in any jurisdiction in which a law becomes effective that materially alters the
<br /> other parties ability to perform or accept Remittance Collection Services to be performed pursuant to this
<br /> Agreement,the parties will discuss renegotiation of terms and conditions in order to reflect such changes for that
<br /> jurisdiction. If renegotiations do not result in terms amenable to both FirsTech and Client, either party may
<br /> terminate the Remittance Collection Services for that jurisdiction upon thirty(30) days prior written notice to the
<br /> other party.
<br /> 4.8. No Waiver. The failure of either party hereto to enforce at any time, or for any period of time, any provision of
<br /> this Agreement shall not be construed as a waiver of such provision or of the right of such party thereafter to
<br /> enforce each and every provision.
<br /> 4.9. Authority and Binding Effect of the Agreement. Each party represents to the other that it has full
<br /> authority to enter into and secure performance of this Agreement, and that the persons signing this Agreement
<br /> on behalf of each party have been properly authorized to enter into this Agreement. Each party further
<br /> acknowledges that it has read this Agreement, understands it, and agrees to be bound by all of its terms,
<br /> conditions, and provisions. The Agreement shall inure to the benefit of the parties and their respective
<br /> successors.
<br /> 4.10. Entire Agreement. This Agreement,together with any addenda, exhibits or other attachments
<br /> appended hereto,constitutes the entire agreement between the parties and supersedes all previous agreements,
<br /> promises, and representations, whether written or oral, between the parties with respect to the subject matter
<br /> hereof. No modification, amendment,supplement to or waiver of this Agreement or any of its provisions shall be
<br /> binding upon the parties unless made in writing and duly signed by authorized representatives of both parties.
<br /> S. Fees.The monthly charges for services rendered in accordance with this Agreement shall be provided to Client in a mailed
<br /> monthly statement on or around the 5"' day of the subsequent month. These charges will be assessed and invoiced to
<br /> Client. Such charges are due and payable within thirty (30) days from the date of invoice. Undisputed invoices not paid
<br /> within sixty (60) days from the date of invoice shall be automatically debited by FirsTech from Client's designated Bank
<br /> Account following at least five (5) days'notice from FirsTech to Client. Client shall pay all costs of collection of fees owed
<br /> FirsTech and other compensation, including reasonable attorney fees.
<br /> 6. Services. FirsTech shall provide Client with daily reports regarding payments made by Authorized Users, which shall
<br /> include, but not be limited to, authorized transactions,transaction methods, amounts, and chargebacks. Such reports
<br /> shall be provided electronically in a format and method mutually agreeable to the Parties. Transmissions will occur on
<br /> Client's normal business days.
<br /> Master Agreement—City of Decatur -5-
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