R2001-147 AUTHORIZING TERMINATION OF AGREEMENT

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. r ILLINOVA ENERGY PARTNERS LIGHTING AG � + THIS AGREEMENT (the "Agreement"), made this 21� day of June, 1999 by and between ILLINOVA ENERGY PARTNERS, whose address is 500 South 27� Street, Decatur, Illinois 62525-1805 ("IEP") and MILLIKIN UNIVERSITY, whose address is 1184 West Main Street, Decatur, Illinois 62522 ("Property Owner") sets forth the terms and conditions regarding the ownership, installation, and maintenance of the equipment listed on Attachment A, together with the supply of electrical services to the same. IEP and the Property Owner agree for themselves, their successors, executors, administrators and assigns, hereby agree to the full performance of the covenants contained herein. 1. Term. The term of this Agreement shall be for Forty (40) years commenc- ing on June 21, 1999 and terminating on June 20, 2039 (the "Term"), unless extended by mutual agreement of the parties or unless earlier terminated by its terms. 2. Material and Services. IEP agrees to furnish and install, ready for operation, light poles and luminaries as more fully described in Attachment A ("Equip- ment"), on City of Decatur property located adjacent to real estate also more fully described in Attachment A in which Property Owner has an ownership interest (the "Real Estate"). IEP shall operate and maintain the Equipment for the term of this Agreement. IEP shall bear all costs of repairs, replacement and maintenance of the Equipment. Property Owner shall have no risk of loss due to loss or damage to the Equipment unless the cause of loss or darnage is the result of the willful or negligent act of the Property Owner. IEP, or its agent, shall provide electricity service to the Equipment. Property Owner shall own the Equipment. 3. Payments. Property Owner acknowledges that the performance of IEP's obligations under this Agreement will result in an increased value of the Real Estate, I together with improved aesthetics, safety and security and for that reason shall make �, payments to IEP as follows: Property Owner shall pay IEP payments as stipulated in ', Attachment A for so long as stipulated in Attachment A or for so long as the Real Estate receives the benefit of the lighting services contemplated hereunder, whichever is less (the I "Payment Period"). Property Owner sha11 sign the Acknowledgement Certificate provided � as Exhibit C as soon as reasonably practical after installation of the Equipment. Property Owner shall have no payment obligation prior to both signature by the City of Decatur of a Certificate of Substantial Completion as required by the Agreement between Illinova and the City dated September 21, 1998, and signature by Property Owner of the Acknowledge- ment Certificate.