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4. General Provisions. <br /> (a) All stated intentions of the Issuer under Paragraph 2 hereof and of the <br /> Borrower under Paragraph 3 hereof are expressly subject to the condition that on <br /> or before December 31, 1999 (or such other date as shall be mutually satisfactory <br /> to the Issuer and the Borrower), the Issuer and the Borrower shall have agreed to <br /> mutually acceptable terms and conditions of the loan agreement and of the Bonds <br /> and other instruments or proceedings relating to the Bonds. The decision not to <br /> approve or agree to any term or condition of any document or not to take any <br /> action prior to issuance of the Bonds shall rest solely within the complete <br /> discretion of the parties to this Memorandum of Intent. <br /> (b) If the events set forth in(a) of this Paragraph 4 do not take place within the <br /> time set forth or any extension thereof, and the Bonds in an amount of <br /> approximately the amount stated above are not sold within such time, the <br /> Bonower shall reimburse the Issuer for all expenses incurred by the Issuer in <br /> anticipation of such issuance and sale and will reimburse the Issuer for all <br /> reasonable and necessary out of pocket expenses which the Issuer may incur at the <br /> Borrower's request arising out of the passage of this Resolution, including but not <br /> limited to, the payment of attorney and other consultant fees arising from the <br /> execution of this Memorandum of Intent or the performance by the Issuer of its <br /> intentions hereunder, and this Memorandum of Intent shall thereupon terminate. <br /> (c) This Memorandum of Intent shall be binding upon, and inure to the benefit <br /> of, the parties and their respective successors, assigns and designees, in accordance <br /> with the terms of this Memorandum of Intent. <br /> IN WITNESS WHEREOF, the parties hereto have entered into this Memorandum <br /> of Intent by their principals or officers thereunto duly authorized as of the 4th day of <br /> October, 1999. <br /> CITY OF DECATUR, ILLINOIS <br /> ATTEST: By: <br /> Mayor <br /> City Clerk <br /> EASTER SEALS CENTRAL ILLINOIS, INC., <br /> an Illinois not-for-profit corporation <br /> ATTEST: By: <br /> President <br /> Secretary <br /> 3 <br />