Laserfiche WebLink
therefor; and (d) the actual or estimated cost of legal and accounting services reasonably <br /> necessary to prepare and present the termination claim to the City. <br /> 7. Either party may terminate this Agreement in the event that the other party fails to <br /> fulfill their respective obligations hereunder within 20 days of receiving written notice from the <br /> other party as to such failure; provided, however, the failure of a party to perform its respective <br /> obligations shall not give rise to a right of termination if such failure is due to a force majeure <br /> event, i.e., beyond the reasonable control of the non-performing party, e.g., Act of God, war, <br /> labor strike or insurrection, and such party diligently commencing curing the failure within a <br /> reasonable period of time after the cessation of such event. <br /> 8. This Agreement may not be assigned by either party without the prior written <br /> consent of the other party, which consent shall not be unreasonably withheld, delayed or <br /> conditioned. <br /> 9. This Agreement shall not be construed against the party who prepared it but shall <br /> be construed as though prepared by both parties. This Agreement shall be construed, interpreted <br /> and governed by the laws of Illinois, and venue shall lie in Macon County, Illinois. <br /> 10. No partner, member, officer, director, shareholder, employee, agent or other <br /> person authorized to act for and on behalf of either party shall be personally liable for any <br /> obligation, express or implied, hereunder. <br /> 11. Unless otherwise provided herein, this Agreement constitutes the final <br /> understanding and agreement between the parties with respect to the subject matter hereof and <br /> supersedes all prior negotiations, understandings and agreements between the parties, whether <br /> written or oral. This Agreement may be amended, supplemented or changed only by a writing <br /> signed or authorized by or on behalf of the party to be bound thereby. , <br /> 12. Any notice or other communication given or ma.de pursuant to this Agreement <br /> shall be in writing and shall be deemed given if (i) delivered personally or by courier, (ii) <br /> telecopy, (iii) sent by overnight express delivery, or (iv) mailed by registered or certified mail <br /> (return receipt requested), postage prepaid, to a party at its respective address set forth below (or <br /> at such other address as shall be specified by the party by like notice given to the other party): <br /> If to City, to: <br /> City of Decatur <br /> One Gary K. Anderson <br /> Decatur, Illinois 62523 <br /> Attn: Steven Garman, City Manager <br /> If to East Lake,to: <br /> East Lake/Decatur, LLC <br /> c/o East Lake Management & Development Corp. <br /> W283630.6 ' 3 ' <br />