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I. "Person,"as used herein shall mean any individual or entity, whether a corporation, <br /> partnership, association, trust, limited partnership, limited liability company, limited liability <br /> partnership, trust, estate, unincorporated association, group, or other entity recognized by law. <br /> II. RECITALS. <br /> A. The City is a municipal corporation, organized and existing pursuant to the laws of <br /> the State of Illinois, and the City is organized under a managerial form of government with home <br /> rule powers as described within the Code. <br /> B. Prior to the Effective Date,the Employee participated in discussions and negotiations <br /> with the City for employment by the City as the City Manager. <br /> C. The Employee seeks employment by the City, and the City seeks to employ the <br /> Employee, in accordance with the terms and provisions of the Agreement. <br /> D. The parties hereto wish to memorialize their agreement and understanding for the <br /> purposes set forth herein. <br /> III. AGREEMENT. <br /> NOW THEREFORE, in consideration of the mutual promises, covenants and warranties <br /> set forth herein,together with other good and valuable consideration,the receipt and sufficiency of <br /> which are hereby acknowledged,the parties hereto do hereby covenant,warrant and agree as follows: <br /> 1. Definitions. The foregoing definitions shall apply to the capitalized terms of the <br /> Agreement unless such definition or construction works an absurd result. <br /> 2. Recitals. The parties hereto covenant and agree that the foregoing Recitals are <br /> not mere recitals,but rather constitute a material and integral part of this Agreement,and the parties <br /> further agree that said Recitals accurately describe the understanding of each as they enter into the <br /> Agreement. <br /> 3. General Rules of Interpretation. <br /> (a) Terms in this Agreement which identify documents shall be deemed to include all <br /> amendments, modifications and supplements to, and all restatements and renewals of, such <br /> documents. <br /> (b) When the term "include" or "including" is used in this Agreement, it shall be <br /> construed to mean "include or including but not limited to"the things specifically mentioned. <br /> -2- <br />