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of the Subject Property or any portion thereof and the new owner or owners shall be both <br /> benefited and bound by the conditions and restrictions herein expressed. <br /> (i) Within thirty (30) days after the execution hereof, the text of this <br /> Agreement (or a suitable memorandum thereo� shall be recorded at the sole cost and expense <br /> of Aramark in the Office of the Recorder of Macon County, Illinois; and a certified copy of <br /> the Ordinance adopting this Agreement shall be filed with the Macon County Clerk. <br /> (ii) It is further agreed that any party to this Agreement, either in law or in <br /> equity, by suit, action, mandamus, or other proceeding may enforce or compel the <br /> performance of this Agreement, or have such other relief for the breach thereof as may be <br /> authorized by law or which by law or in equity is available to them. <br /> (e) It is understood by the parties hereto that time is of the essence. It is further <br /> understood that upon the occurrence of a default of any of the provisions of this Agreement, <br /> which default continues for twenty (20)days after a notice specifying such default is given to <br /> the defaulting party, mandamus, or other proceeding, including specific performance, to <br /> enforce or compel the performance of this Agreement by such defaulting party may be <br /> brought or filed by the other party. <br /> (� In the event any portion of this Agreement or part thereof shall be deemed <br /> invalid, such invalidity of said provision or part thereof shall not affect the validity of any <br /> other provision hereof. <br /> (g) Unless stated otherwise elsewhere herein, any notice required or permitted <br /> under this Agreement shall be in writing and shall be deemed given on the date of mailing <br /> when mailed by registered or certified mail. <br /> If to Aramark:David Michaelson <br /> Aramark Distribution Services, lnc. <br /> 115 North First Street <br /> Burbank, CA 91502 <br /> If to the City: Tim Gleason <br /> City of Decatur <br /> #1 Gary K.Anderson Plaza <br /> Decatur, IL 62523 <br /> (h) The Amendment of any existing Ordinance of the City, following the effective <br /> date of this Agreement, shall be ineffective against the Development Parcel if in conflict with <br /> the provisions hereof. <br /> 3of5 <br />