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Book : 3758 Rage : 117 <br /> If to the Developer: If to the Municipality: <br /> Attn: Darren Reynolds Attn: City Manager <br /> Tel: (217) 451-9101 TeL (217) 424-2807 <br /> Fax: (217) 233-7252 Fax: (217) 424-2732 <br /> With a copy to: With a copy to: <br /> Robert C. Bollinger, Wendy Morthland <br /> Erickson, Davis, Murphy 1 Gary K. Anderson Plaza <br /> 225 S. Maii� Street Decatur, IL 62523 <br /> Decatur, IL 62525 Tel: (2l 7) 424-2807 <br /> TeL• (217) 428-0948 Fax: (217)424-2732 <br /> Fax: (217) 428-0994 <br /> 14. SUCCESSORS IN INTEREST <br /> This Agreement shall be binding upon and inure to the benefit of the Municipality and <br /> the Developer and, subject to Section 9 above, to their respective successors and assigns. <br /> 15. NO JOINT VENTURE, AGENCY, OR PARTNERSHIP CREATED <br /> Neither anything in this Agreement nor any acts of the Municipality and/or the Developer <br /> under this Agreement shall be construed by the parties or any third person to create the <br /> relationship of a partnership, agency, or joint venture between them. No covenant ar <br /> agreement contained in this Agreement shall be deemed to be the covenant or agreement <br /> of any official, officer, agent, employee or attorney of the Municipality, in his or her <br /> individual capacity, and neither the members of the Corporate Authorities nor any other <br /> official or employee of the Municipality shall be liable personally under this Agreement <br /> or be subject to any personal liability or accountability by reason of or in connection with <br /> or arising out of the execution, delivery and performance of this Agreement, or any <br /> failure in that connection. <br /> 16. INDEMNIFICATION <br /> a. Developer's Indemnification. Notwithstanding anything to the contrary in this <br /> Agreement, Developer agrees to and does hereby indemnify, defend, and hold <br /> harmless Municipality, its council members, mayor, employees, agents and <br /> representatives, and each of their successors and assigns, from and against any <br /> and all liabilities, claims, deinands, suits, administrative proceedings, causes of <br /> action, costs, damages, personal injuries and property damages, losses, attorneys <br /> fees and costs of litigation and other expenses, both known and unknown, present <br /> and future, at law or in equity (collectively, "Municipality's Losses"), arising out <br /> of, by virtue of, or related in any way to (1) the breach of any term, condition, <br /> RDLLC 20060926 v I 1 g <br />