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R2011-04 AUTHORIZING AGREEMENT
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R2011-04 AUTHORIZING AGREEMENT
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Last modified
10/1/2015 10:51:11 AM
Creation date
10/1/2015 10:51:06 AM
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Resolution/Ordinance
Res Ord Num
R2011-04
Res Ord Title
AUTHORIZING AGREEMENT FOR EARLY RETIREMENT REINSURANCE PROGRAM ADMINISTRATION
Department
Finance
Approved Date
1/18/2011
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Emplover: <br /> Att2nti0n: City of Decatur- Scott D. Clark <br /> Notices given hereunder will be deemed given upon documented receipt. The addresses <br /> to which notices are to be sent may be changed by written notice given in accordance with <br /> this section. <br /> I. Severabilitv. If any provision of this Agreement is rendered invalid or unenforceable by any <br /> local, state, or federal law, rule or regulation, or declared null and void by any court of <br /> competent jurisdiction, the remainder of this Agreement will remain in full force and effect. <br /> J. Status as Independent Entities. Nothing in this Agreement is intended to create, or will be <br /> deemed or construed to create, any relationship between HCSC and Employer other than <br /> that of independent entities contracting with each other solely for the purpose of effecting <br /> the provisions of this Agreement. Neither HCSC nor Employer, nor any of their respective <br /> agents, employees, subcontracteors or representatives will be construed to be the agent, <br /> employee, subcontractor or representative of the other. <br /> K. Exhibits. Each Exhibit to this Agreement is made a part of this Agreement as though set <br /> forth fully herein. Unless otherwise specifically set forth in an Exhibit, any provision of this <br /> Agreement that is in conflict with any provision set forth in an Exhbit will take precedence <br /> and supersede the conflicting provision of the Exhibit with respect to the subject matter <br /> covered by that provision of this Agreement. <br /> L. Force Majeure. Neither HCSC nor Employer will be liable for its failure to perform any <br /> obligation under this Agreement because of contingencies beyond its reasonable control, <br /> including but not limited to strikes (other than strikes within such party's own labor force), <br /> riots, war, fire, acts of God, disruption or failure of electronic or mechanical equipment or <br /> communication lines, telephone or other interconnections, unauthorized access, theft, or <br /> acts in compliance with any law or government regulation. If a party's failure to perform <br /> continues for more than twenty (20) business days, the other party will have the right to <br /> terminate this Agreement immediately. <br /> M. Headinas. The headings in this Agreement have been included solely for reference and <br /> are to have no force or effect in interpreting its provisions. <br /> N. Counterparts. This Agreement may be executed in counterparts, any of which need not <br /> contain the signature of more than one party, but all of which taken together, will be one <br /> and the same agreement. <br /> O. Dispute Resolution. Any dispute arising out of or relating to this Agreement shall be <br /> resolved in accordance with the procedures specified in this Section XIV.O., which shall <br /> be the sole and exclusive procedures for the resolution of any such disputes. All <br /> negotiations pursuant to this Section XIV.O. are confidential and shall be treated as <br /> compromise and settlement negotiations for purposes of applicable rules of evidence. <br /> 1. Arbitration. In the event the parties fail to agree with respect to any matter covered <br /> herein, the question in dispute shall be submitted for arbitration in Illinois. The arbitrator <br /> shall be selected as follows: <br /> -9- <br />
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