R2003-168 AUTHORIZING AGREEMENT - Laserfiche WebLink

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interpreted and construed in accordance with the laws of the State of Illinois notwithstanding any conflict of laws provision of any other jurisdiction. Any action seeking or requiring the interpretation, construction or enforcement hereof shall be brought in the Circuit Court of the Sixth Judicial Circuit, Macon County, Illinois, or to the extent jurisdiction otherwise exists in the United States District Court for the Central District of Illinois, to the exclusion of all other venues. 28. Waivers. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party or parties. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. 29. Exclusive AEreement. The parties hereby covenant and agree that there exist no other agreements between them relating in any manner to any right, interest, duty or obligation set forth herein. This Agreement constitutes the full and complete understanding of the parties hereto relating to the subject matter hereof, and no other agreement or representation relating to such has been made outside of the terms hereof. 30. No Fraud,Mistake or Duress. Each party hereto agrees and acknowledges that it enters into this Agreement freely and voluntarily, without any fraud, misrepresentation, duress or misunderstanding whatsoever. � 31. Investi�ation. Each party hereto agrees, covenants and warrants that it has possessed the opportunity to retain legal counsel of its own choosing, and that each has ' conducted that investigation into the facts and circumstances surrounding this Agreement to the I full and complete satisfaction of said party. 32. Sole Benefit of Parties and Assignment. This Agreement is entered into solely for the benefit of the parties hereto, and no person or entity not a signatory hereto or a permissible assignee hereof, shall have any right or interest herein. 33. Photocopies. Photocopied and facsimile signatures hereon shall be deemed to be original signatures for all purposes. � 34. Headin�s. Headings as utilized within this Agreement aze solely for the benefit of the parties hereto and for their convenience. Such headings aze not intended, and they shall not be interpreted or construed, to alter, modify, increase, enlarge, decrease or diminish the meaning of the individual paragraphs hereof. 35. Authori . The person executing this Agreement on behalf of the City hereby warrants that he or she is authorized to do so by the governing body of the City, and that the City intends to be bound to the terms hereof. Likewise, the person executing this Agreement on behalf of the Prairieland hereby warrants that he or she is authorized to do so by the Prairieland, and that Prairieland intends to be bound to the terms hereof. —10—