R2008-217 AUTHORIZING AGREEMENT AMERIPINO INVESTMENTS, LLC

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, ' , 46.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. 47. 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. 48. 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. IN WITNESS WHEREOF,the Parties have caused these presents to be executed, the day and year first above written. THE CITY OF DECATUR, ILLINOIS: Ameripino Investmenst, LLC By: Mic ael C rr' n r By Gary Browning, President/Operational Mgr. � Att st j '/ � ,�'� 1 _ �� �� City Clerk 8