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If to the Developer: If to the Municipality: <br /> Attn: Lea Stukins <br /> Lucas Properties,LLC 1 Gary K.Anderson Plaza <br /> 195 S.Hillcrest Blvd. Decatur,IL 62523 <br /> Decatur, IL 62522 Attn: City Manager <br /> Tel: (217) 422-2323 Tel: (217)424-2807 <br /> Fax: (217) 422-2329 Fax: (217)424-2732 <br /> With a copy to: With a copy to: <br /> Stephen Willoughby John W. Couter,Corporation Counsel <br /> Attorney for Developer 1 Gary K.Anderson Plaza <br /> 420 W.Prairie Ave. Decatur,IL 62523 <br /> Decatur,IL 62522 Tel: (217)424-2807 <br /> Telephone: (217)428-4544 Fax: (217)424-2732 <br /> Fax: (217) 428-4124 <br /> 14. SUCCESSORS IN INTEREST <br /> This Agreement shall be binding upon and inure to the benefit of the Municipality and <br /> the Developer to 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 <br /> Developer 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 or agreement <br /> contained in this Agreement shall be deemed to be the covenant or agreement of any official, officer, <br /> agent, employee or attorney of the Municipality, in his or her individual capacity, and neither the <br /> members of the Corporate Authorities nor any other official or employee of the Municipality shall be <br /> liable personally under this Agreement or be subject to any personal liability or accountability by reason <br /> of or in connection with or arising out of the execution, delivery and performance of this Agreement, or <br /> any failure in that connection. <br /> 16. INDEMNIFICATION <br /> (A) Except for any claixns, 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 <br /> omissions in connection with the Private Development,the Development Project, the Development Area <br /> and this Agreement,whether or not suit is filed. <br /> 6 <br />