R2002-119 AUTHORIZING EXECUTION OF AGREEMENT

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cancellation upon the RAILROAD and this Agreement shall thereupon terminate. In the event of cancellation, the CITY shall reimburse the RAILROAD for all eligible cost and expense incurred by the RAILROAD, prior to its receipt of notice of cancellation by CITY, in accordance with this Agreement. SECTION 11. The RAILROAD'S authorized representative certifies that to the best of his knowledge the RAILROAD and/or any subcontractor used by the RAILROAD has not been convicted of bribery or attempting to bribe any officer or employee of the State of Illinois or the City of Decatur, nor has the RAILROAD or, to RAILROAD'S knowledge, any of its subcontractors made an admission of guilt of such conduct which is a matter of record. SECTION 12. This Agreement shall be binding upon the parties hereto, their successors or assigns. This Agreement shall not be amended or modified, nor shall any of its terms or provisions be deemed waived, other than by a written instrument executed by both parties. All notices, approvals and consents shall be given in writing and shall be deemed delivered upon personal delivery or upon the expiration of three business days following mailing by certified mail, return receipt requested, postage prepaid, at the addresses set forth by Exhibit A, or such other address as either party may designate by delivery of prior notice to the other. This Agreement constitutes the entire agreement of the parties with respect to its subject matter and supersedes all prior or contemporaneous, written or oral agreements, understandings, or negotiations between the parties. SECTION 13. Subject to the cooperation and timely performance of CITY pursuant to this Agreement, including, but not limited to timely payment by CITY to RAILROAD of all sums due to RAILROAD, RAILROAD shall complete, or cause to be completed, all of its work within six (6) months of the date of RAILROAD'S receipt of CITY'S authority to proceed. In the event that all