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R2001-147 AUTHORIZING TERMINATION OF AGREEMENT
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R2001-147 AUTHORIZING TERMINATION OF AGREEMENT
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1/21/2016 3:35:28 PM
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1/21/2016 3:35:22 PM
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Resolution/Ordinance
Res Ord Num
R2001-147
Res Ord Title
AUTHORIZING TERMINATION OF AGREEMENT WITH DYNEGY ENERGY SERVICES, INC. - OAKWOOD STREET LIGHTING PROGRAM
Approved Date
8/6/2001
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� ' 1.3 Assignee farever releases, waives, relieves Assignor from any claims under the ' <br /> Maintenance Agreement and agrees to indemnify and hold harmless the Assignar <br /> from and against any and all claims, obligations and/or liabilities under the <br /> Lighting Agreements or the Maintenance Agreement that arise on or after the <br /> Effective Date. <br /> 1.4 Assignee acknowledges that after the Effective Date, Assignee will be responsible <br /> for the payment of the monthly un-metered tariff to Illinois Power (IP Account # <br /> 9456759013) for the energy associated with the lighting system, for so long as the , <br /> lights are in place and operation, which payment is currently approximately Three <br /> Hundred Sixty Dollars per month. ' <br /> 1.5 Nothing herein contained shall operate as a release of the Assignor from any ' <br /> obligation ar liability under the Lighting Agreements or Maintenance Agreement � <br /> that accrued prior to the Effective Date. <br /> ARTICLE II: TERMINATION i <br /> 2.1 Assignor and Assignee agree to terminate the Maintenance Agreement and all the II <br /> duties and obligations thereunder as of the Effective Date. <br /> ARTICLE III: MISCELLANEOUS I <br /> 3.01 The address for service of the notice upon Assignee for the Lighting Agreements � <br /> is: <br /> Matt Newell, P.E. <br /> City of Decatur, Illinois <br /> One Gary Anderson Plaza <br /> Decatur, IL 62521 <br /> 3.02 This Agreement may be executed in counterparts and if executed in counterparts, <br /> all executed counterparts together shall constitute one agreement and all parties <br /> shall be deemed to have executed the same document. <br /> 3.03 This Agreement shall inure to the benefit of and be binding upon the parties <br /> hereto and their respective successors and permitted assigns. <br /> 3.04 This Agreement shall, in all respects, be subject to and be interpreted, construed <br /> and enforced in accordance with the laws in effect in the state of Illinois except <br /> for any rule or law of the state of Illinois which would make the law of any other <br /> jurisdiction applicable and each of the parties hereby agrees to the jurisdiction of <br /> the court of the state of Illinois. <br /> 3.05 This Ageement and the Exhibits hereto constitute the entire agreement between <br /> the parties hereto. There are no prior or contemporaneous agreements or <br />
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