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� ' �� ; � 88P�G3 � b <br /> If to the Developer: If to the Municipality: <br /> Attn:Tom Markwell Attn: City Manager <br /> Olde Towne Development LLC City of Decatur <br /> 101 East Prairie Avenue 1 Gary K. Anderson Plaza <br /> Decatur, Illinois 62523 Decatur, Illinois 62523 <br /> Tel: Tel: (217)424-2807 <br /> Fax: Fax: (217)424-2732 <br /> With a copy to: With a copy to: <br /> Edw <br /> ard F. Flynn,Attorney At Law WendyMorthland,Corporation Counse1225 <br /> North Water Street ui <br /> , S te 200 1 Gary K.Anderson Plaza <br /> Decatur, Illinois 62523 Decatur, IL 62523 <br /> Tel: (217)429-4453 Tel: (217) 424-2807 <br /> Fax: (217)425-8892 Fax: (217)424-2732 <br /> 14. SUCCESSORS IN INTEREST <br /> This Agreement shall be binding upon and inure to the benefit of the Municipalitv and the <br /> Developerto 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 relationship of a <br /> partnership, agency, or joint venture between them. No covenant or agreement contained in this Agreeinent <br /> shall be deemed to be the covenant or agreement of any official, officer, agent, employee or attorney of the <br /> Municipality, in his or her individual capacity, and neither the members of the Corporate Authorities nor <br /> any other official or employee of the Municipality shall be liable personally under this Agreement or be <br />' subject to any personal liability or accountability by reason of or in connection with or arising out of the <br /> execution,deliveryand performance ofthis Agreement, orany failure in that connection. <br /> 16. INDEMNIFICATION <br /> (A) Except for any claims, suits or actions caused by the intentional or negligent acts of the <br /> Municipality or the Municipality's employees, agents, officers or contractors, the Developer, and any <br /> person claiming rights hereunder through the Developer, agrees to indemnify and defend (including the <br /> payment of the Municipality's attorneys fees and related costs) the Municipality from and against any <br /> claims, suits, or actions for death or injury to persons or damage to property or breach of contract or any <br /> other claim or demand brought against the Municipality arising from any alleged claims, acts or omissions <br /> in connection with the Private Development, the Development Project, the Development Area and this <br /> Agreement,whether or not suit is filed. <br /> (B) In order further to induce the Municipality to enter into and accept its obligations and <br />' undertakings hereunderand in considerationof the foregoingand for other good and valuable consideration, <br />� <br />