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, ' � � <br /> of performing such repairs and maintenance. All work done by ADM pursuant to this Agreement <br /> shall be subject to the provisions of the Illinois Prevailing Wage Act (820 ILCS 130/1 et seq.) <br /> 4. ADM shall provide the City with a written warranty covering the repairs and <br /> maintenance to the NWTP, such warranty to be agreed to by the City and to be appropriate for <br /> the type of work to be done. <br /> 5. If the N WTP has not been conveyed to ADM within one (1) year from the date <br /> hereof, the City shall pay to ADM the cost of all repair and maintenance work performed by <br /> ADM, or which ADM caused to be performed, pursuant to the provisions hereof. The cost of <br /> such repair and maintenarice work shall be the amounts jointly determined by the City and ADM <br /> pursuant to Section 2 above, plus any jointly approved change orders or cost estimates. <br /> 6. ADM shall indemnify, defend and hold harmless the City and its Mayor, Councilmen, <br /> officers, employees and agents from and against any claim, loss or expense arising out of injury, <br /> death, or property loss or damage relating to ADM's performance of the maintenance and repair <br /> work contemplated herein, except to the extent caused by the negligent act or intentional <br /> misconduct of the City, its Mayor, Councilmen, officers, employees or agents. <br /> 7. Notwithstanding the above, the City, at its sole discretion, may perform such repair <br /> and maintenance at the NWTP as it deems necessary and desirable. Any such work done without <br /> the concurrence of ADM shall be done at the expense of the City. <br /> 8. This Agreement shall not be assignable by either party hereto without the prior written <br /> consent of the other party. <br /> , CITY OF DEC <br /> By: ' <br /> 1� <br /> : Title: ,� <br /> ARCHER-DANIELS-MIDLAND COMPANY <br /> � <br /> By; 12-,0 �%G�,�„�-�fi`� <br /> Title: ' �Z�� e � <br />