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� �aok : 39�� �age : 9`4 <br /> b. City determines that satisfactory performance of this Agreement is <br /> substantially endangered or that a default is likely to occur; <br /> c. Owners fail to make substantial and timely progress toward performance <br /> of the Agreement; <br /> d. Owners become subject of any bankruptcy or insolvency proceeding; <br /> terminate or suspend their operations; become for any reason financially <br /> insolvent or unable to pay their bills; <br /> e. Owners have failed to comply with applicable federal, state and local laws, <br /> rules, ordinances, regulations and orders when performing within the ' <br /> scope of this Agreement; I <br /> f. Owners have engaged in any conduct that has or may expose City to ' <br /> liability, as determined in City's sole discretion; <br /> . If there is default caused b Owners Cit shall rovide written notice to '� <br /> 9 Y , Y P <br /> Owners requesting that the breach or noncompliance be remedied within <br /> the period of time specified in the City's written notice to Owners. If the <br /> breach or noncompliance is not remedied by the date of the written notice, <br /> the City may either: i) immediately terminate the Agreement without <br /> additional written notice; ii) enforce the terms and conditions of the <br /> Agreement, and seek any legal and equitable remedies, or iii) declare all <br /> amounts paid hereunder immediately due and payable, and terminate <br /> City's obligation to make additional payments hereunder. <br /> 9. All notices, demands, requests, consents, approvals of other <br /> instruments required or permitted under this agreement shall be in writing and <br /> shall be executed by the party or an officer, agent or attorney of the party and <br /> shall be deemed effective as of the date of actual delivery, if delivered personally, <br /> or as of the third (3�d) day from and including the date of posting, if mailed by <br /> registered or certified mail, return receipt requested, with postage prepaid, <br /> addressed as follows (or to such other address as is provided by notice) <br /> If to City: If to Owner: <br /> Attn: City Manager �C'��/7� � ��y� � �L�iG'� , <br /> City of Decatur �� � `j��' �ti.�► �L t //��S ��� , <br /> #1 Gary K. Anderson Plaza `— �� � � i� ;j7��'�� <br /> Decatur, IL 62523 �'��j��'� �L �1 sZ> <br /> IN WITNESS WHEREOF, the parties hereto have executed and delivered <br /> this Agreement the day and year as shown above. <br /> 5 <br />