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10. PREPAYMENTS <br /> The Municipality absolutely reserves the right, prior to the expiration of the term <br /> of this Agreement and to the extent lawful, in its sole discretion, to prepay all or any part of its <br /> obligations under this Agreement. <br /> 11. WAIVER <br /> Any party to this Agreement may elect to waive any remedy it may have <br /> hereunder, provided that no such waiver shall be deemed to exist unless the party waiving such <br /> right or remedy does so in writing. No such waiver shall obligate such party to waive any other <br /> right or remedy hereunder, or shall be deemed to constitute a waiver of other rights and remedies <br /> provided pursuant to this Agreement. <br /> 12. SEVERABILITY <br /> If any section, subsection, term or provision of this Agreement or the application <br /> thereof to any party or circumstance shall, to any extent, be invalid or unenforceable, the <br /> remainder of such section, subsection, term or provision of this Agreement or the application of <br /> same to parties or circumstances other than those to which it is held invalid or unenforceable, <br /> shall not be affected thereby. <br /> 13. NOTICES <br /> All notices, demands, requests, consents, approvals or other instruments required <br /> or permitted by this Agreement shall be in writing and shall be executed by the party or an <br /> officer, agent or attorney of the party, and shall be deemed to have been effective as of the date <br /> of actual delivery, if delivered personally, or as of the third (3rd) day from and including the date <br /> of posting, if mailed by registered or certified mail, return receipt requested, with postage <br /> prepaid, addressed as follows (or to such other address as is provided by notice): <br /> If to the Developer: If to the Municipality: <br /> 202 South Franklin Street 1 Gary K. Anderson Plaza <br /> Decatur, IL 62523 Decatur, IL 62523 <br /> Attn: Tony Romano Attn: City Manager <br /> Tel: (217) 424-2426 Tel: (217) 424-2807 <br /> Fax: (217)425-4908 Fax: (217) 424-2732 <br /> With a copy to: With a copy to: <br /> Richard L. Heavner, Attorney at Law John W. Couter, Corporation Counsel <br /> 111 East Main Street- Suite 200 1 Gary K. Anderson Plaza <br /> P. O. Box 745 Decatur, IL 62523 <br /> Decatur, IL 62525 Tel: (217) 424-2807 <br /> Tel: (217)422-1717 Fax: (217) 424-2732 <br /> Fax: (217) 422-1754 <br /> 6 <br />