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, � � � <br /> �R <br /> AGREEMENT <br /> 's A reement ("Agreement") is made and entered into as of the �5 �day of <br /> � (-�-ti'� , 1998, by and between the City of Decatur, an Illinois municipal <br /> corporarion located in the County of Macon, Illinois ("City") and <br /> ARCHER-DANIELS-MIDLAND COMPANY, a Delawaze corporation("ADM"). <br /> WHEREAS, the City owns and operates a water treatment facility commonly known as <br /> the North Water Treatment Plant located at 565� Rea's Bridge Road, in the City of Decatur <br /> ("NWTP"); and <br /> WHEREAS, ADM is currently negotiating in good faith to purchase the NWTP from the <br /> City; and ' <br /> WHEREAS, the NWTP may, from time to time, need certain repair and maintenance <br /> work while such negotiations between the City and ADM are ongoing; and <br /> WHEREAS, the City and ADM wish to agree on the manner in which such repair and <br /> maintenance work may be accomplished; and <br /> WHEREAS, the City and ADM will both realize benefits from agreed upon repairs and <br /> maintenance to the NWTP. <br /> NOW, THEREFORE, for and in consideration of the mutual covenants hereinafter <br /> contained, the City and ADM agree as follows: <br /> 1. For the purpose of inspecting the NWTP and the conditions therein, ADM, through its _ <br /> authorized agents, contractors and personnel, shall have full access to the NWTP upon notice to <br /> the City's Water Production Manager. ADM may provide the City with comments and <br /> suggestions regazding conditions at the NWTP which, in ADM's opinion, require repair or <br /> maintenance. <br /> 2. The City and ADM may jointly determine: <br /> (a) what repairs and maintenance are necessary or desirable at the NWTP; <br /> (b) who shall perform necessary engineering, if any, relating to such repairs or <br /> maintenance; <br /> (c) the cost of such repairs and maintenance; and <br /> (d) the schedule for performance of such repairs and maintenance. <br /> 3. Upon the City's and ADM's joint determination of the items set forth in Section 2 <br /> above, ADM will perform, or cause to be performed, such repairs and maintenance, at its own <br /> cost and expense. Upon notice to the City's Water Production Manager, ADM, through its <br /> authorized agents, contractors and personnel, shall have full access to the NWTP for the purpose <br />