R2006-40 AUTHORIZING AGREEMENT WITH GMRI, INC.

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� �� . v other parties hereto and, if its duties as Escrow Agent hereunder are affected thereby, unless it shall have given prior written consent thereto. 8. Indemnification. ity and GMRI agree to indemnify, defend and hold Escrow Agent harmless from and against a y and all loss, damage, tax, liability and expense that may be incurred by Escrow Agent arising ut of or in connection with its acceptance or appointment as Escrow Agent hereunder(other tha Escrow Agent's negligence, fraud or willful misconduct). 9. Force Maieure. E crow Agent shall have no liability for loss arising from any cause beyond its control, includin , but not limited to, the following: (a) the act, failure or neglect of any of the parties heret other than Escrow Agent; (b) any delay, error, omission or default connected with the remitt ce of funds beyond the control of Escrow Agent; (c) any delay, error, omission or default o any mail, telegraph, cable or wireless agency or operator; or (d) the acts or edicts of any go rnment or governmental agency or other group or entity exercising governmental powers. 10. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Sta e of Illinois. 11. Notices. Notices required to be sent hereunder shall be delivered by hand, sent by a nationally recognized overnight mail service, by confirmed facsimile transmission (original sent by U.S. Mail) or sent via Uinited States Mail, postage prepaid, certified, return receipt requested, to the following address s: , To City: City of Decatur, IL One Gary K. Anderson Plaza Decatur, IL 62523-1196 Attn: Dane Bragg, Assistant City Manager Phone No. 217-424-2727 Fax No. 217-424-2862 To GMRI: GMRI, Inc. 6990 Lake Ellenor Drive Orlando, FL 32809 �, Attn: Barbara Thompson Phone No. 407-245-6039 , Fax No. 407-245-6415 Escrow Agreement(Post Ciosing Work)—Page 4—c2 Decatur,IL Job No. 06G0023