R2008-53 APPROPRIATING FUNDS FOR AGREEMENT WITH MACON RESOURCES, INC.

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All costs for said insurance shall be considered incidental to this AGREEMENT. Coverage in the minimum amounts set forth herein shall not be construed to relieve MRI from its obligation to indemnify the CITY in excess of the coverage according to the AGREEMENT. 45.MRI agrees to assume, without limitation, all risk of loss and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys' and witnesses' fees, and expenses incident thereto, relating to bodily injuries to persons (including death) and for loss of, damage to, or destruction of real and or tangible personal property (including property of the CITY) resulting from the negligence or misconduct of MRI, its employees, agents, or subcontractors in the performance of the AGREEMENT. MRI shall do nothing to prejudice CITY'S right to recover against third parties for any loss, destruction, or damage to CITY property, and shall at the CITY'S request and expense furnish to the CITY reasonable assistance and cooperation, including assistance in the prosecution of suit and execution of instruments or assignments in favor of the CITY in obtaining recovery. Neither party shall be liable for incidental, special or consequential damages. 46.Any Notice required by this Contract shall be sent to the following addresses: To CITY: To MRI: CITY OF DECATUR MACON RESOURCES, INC. Attn: Randy Callison Attn: Dreux Lewandowski City Forester 2121 Hubbard Ave One Gary K. Anderson Plaza PO Box 2760 Decatur, IL 62523 Decatur, IL 62524-2760 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. This AGREEMENT, including any attachments or amendments, constitutes the entire agreement between the parties concerning the subject matter of the AGREEMENT. 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 9