R2010-227 AUTHORIZING AGREEMENT FOR THE FY 09-10 CDBG FACADE PROGRAM

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35. If Owners shall fail to comply with the property maintenance standards set forth herein in paragraph 12, Owners shall become obligated to promptly repay all loan proceeds received, and this Agreement shall thereafter be terminated. 36.No officer, employee or agent of the City who exercises any functions or responsibilities with respect to the carrying out of the program shall have any interest, direct or indirect, in this Agreement or proceeds thereof as prescribed in 24 CFR 92.356. 37.No member or delegate of the Congress of the United States and no resident Member of Congress or Member of the Decatur City Council shall be admitted to any share or part of this Agreement, or to any benefits to arise here from. 38.Along with the Note, Mortgage, and Deed Restrictions, this Agreement constitutes the entire agreement between the parties, and shall not be amended or modified except by written instrument signed by all parties. 39. Nothing in this Agreement shall be construed as creating or constituting the relationship of a partnership, joint venture, or other association of any kind or agent and principal relationship between the parties hereto. Each party shall be deemed an independent contractor contracting for services and acting toward the mutual benefits expected to be derived herefrom. No party shall have the authority to enter into any contract of create an obligation or liability on behalf of, in the name of, or binding upon another party to this Agreement. 40. Each party reserves the right to reject any or all bids. 41.This Agreement shall be construed in accordance with and subject to the laws of the State of Illinois. Any provision of this Agreement officially declared void, unenforceable or against public policy shall be ignored and the remaining provisions of the Agreement shall be interpreted, so far as possible, to give effect to the parties intent. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other part or provision of this Agreement. This Agreement may be amended in writing from time to time by mutual consent of the parties. Failure by either party at any time to require performance by the other party or to claim a breach of any provision of this Agreement shall not be construed as affecting any subsequent right to require performance or to claim a breach. 6