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I <br /> ILL <br /> I <br /> Decatur, Illinois, ("City") as.determined between themselves, at their expense, shall maintain:, repair <br /> and replace the Memorial at such times, and from time to time, as necessary. Such maintenance shall <br /> include keeping the area clean and safe at all times for use or viewing by the public. The City shall be <br /> responsible for the payment of all electrical power bills for the Memorial area. <br /> (B) Safely. Under no circumstances shall the area of the Memorial contain any <br /> unsafe condition for pedestrians,vehicles,persons or property. <br /> (C) Maintenance Fund. Of the amount to be raised by the Committee to fund the <br /> project, an adequate sum shall be set aside for maintenance and repair of the Memorial <br /> ("maintenance fund").- The maintenance fund shall be held by The Community Foundation of <br /> Decatur and drawn upon.as needed for maintenance and repair of the Memorial. <br /> (D) Indemnification. To the extent provided by law, the City shall indemnify <br /> and hold harmless the Authority from all claims for damages, both property and personal injury, <br /> arising out of the use of or arising out of the condition of any portion of the premises described <br /> herein arising out of the City's negligence in the use, condition or maintenance of the property. <br /> 6. Termination of Agreement. <br /> (A) After 99 years from the date of this Agreement, the Authority shall have the <br /> right to terminate this Agreement and cause the Committee to remove the Memorial or any other <br /> matter which may have taken its place in the area. In such event, the Authority shall give the <br /> Committee six (6)months written notice to remove any Memorial or other objects from the area but <br /> leave the area in the:condition it was in on the date of notice from the Authority for such removal <br /> except for the Memorial or other objects which will be removed. If the Committee has not so <br /> removed the Memorial or objects within such period time as stated above, the Committee does <br /> hereby authorize the Authority to do so, at the cost of the Committee, and dispose of such Memorial or <br /> other objects as the Authority deems proper without any liability of the Authority to the Committee <br /> or any other persons for such acts. <br /> (B) After five years fiom the date of this Agreement, and prior to 99 years from <br /> the date of this Agreement, the Authority shall have the right to give six (6)months written notice to <br /> the Committee to move the Memorial, or any other matter which may have taken its place in the <br /> area,to another mutually agreed upon location. <br /> Page -3- <br />