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R2012-158 AUTHORIZING AGREEMENTS WITH ARCHER DANIELS MIDLAND COMPANY
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R2012-158 AUTHORIZING AGREEMENTS WITH ARCHER DANIELS MIDLAND COMPANY
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8/20/2015 1:10:32 PM
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Resolution/Ordinance
Res Ord Num
R2012-158
Res Ord Title
AUTHORIZING AGREEMENTS WITH ARCHER DANIELS MIDLAND COMPANY
Approved Date
8/20/2012
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30. Notices. All notices in connection with this Agreement shall be given when mailed <br /> by certified mail,postage prepaid, on ADM to President,Archer-Daniels-Midland Company,Box <br /> 1470,Decatur, Illinois 62525,with a copy to General Counsel,at the same address; and on the City to <br /> City Manager, City of Decatur,#1 Gary K..Anderson Plaza,Decatur,Illinois 62523-1196,with a copy <br /> i <br /> to Corporation Counsel,at the same address. <br /> 31. Assignments and Applicable. This Agreement shall inure to the benefit of and be <br /> binding upon the successors,transferees and assigns.of ADM and upon the successors,transferees and <br /> assigns of the City,and each of them.However,this Agreement shall not be assignable by either party . <br /> without the prior written consent of the other party. This Agreement shall be deemed to be an Illinois <br /> contract and any matter concerning the Agreement shall be determined by Illinois law. <br /> 32. Invalid i .If any term or provision of this Agreement or the application thereof to any <br /> person or persons shall to any extent be invalid or unenforceable as finally determined by any court of <br /> competent jurisdiction,the remaining portions of this Agreement shall remain in full force and effect. <br /> 33. Failure to Enforce.The failure of any party hereto to enforce any of the provisions-of this <br /> Agreement,or the waiver thereof in any instance,shall not be construed as.a general waiver or <br /> relinquishment on its part of any such provision,but the same shall,nevertheless,be and remain in full force <br /> and effect. <br /> 34. Causes Beyond Control.Neither party to this Agreement shall be liable to another for <br /> failure,default,or delay in perforniing any of its obligations hereunder,other than for the payment of money <br /> obligations specified herein,in case such failure,default,or delay in performing any of its obligations <br /> specified herein is caused by strikes or other labor problems;by forces of nature;unavoidable accident;fire; <br /> acts of the public enemy;interference by civil authorities;passage o'f laws;orders-of the court; adoption of . <br /> rules;ordinances;acts;failure to act;decisions,orders,or regulations of any government or military body or <br /> agency,office,or commission; delays in receipt of material; or any other cause,whether of similar nature, <br /> not within the control of the party affected and which,by the exercise of due diligence,such party is unable <br />
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