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but are typically paid later and apart from when usual and customary commission <br /> is paid. Any such fees or commission will not constitute compensation to <br /> Gallagher under Section III. above. <br /> B. Gallagher's fees under this Agreement shall be fully earned on the execution of j <br /> this Agreement (and any renewal thereofl, and payable on invoicing. Client is � <br /> responsible for payment of premiums for all insurance placed by Gallagher on its <br /> behalf. If any amount is not paid in full when due, including premium payments <br /> to insurance companies, that nonpayment will constitute a material breach of this <br /> Agreement that will allow Gallagher to immediately terminate this Agreement, at <br /> its option, without notice to Client. <br /> C. Where applicable, insurance coverage placements which Gallagher makes on <br /> Client's behalf, may require the payment of federal excise taxes, surplus lines <br /> taxes, stamping or other fees, to the Internal Revenue Service (federal), various <br /> state(s) departments of revenue, state regulators, boards or associations. In <br /> such cases, Client is responsible for the payment of such taxes and/or fees, <br /> which will be identified separately by Gallagher on invoices covering these <br /> placements. Under no circumstances will these taxes or other related fees or <br /> charges be offset against the amount of Gallagher's brokerage fees or <br /> commissions referred to herein. <br /> D. Gallagher will be operating only as ClienYs broker, obtaining a variety of <br /> coverage terms and conditions to protect the risks of Client's enterprise. <br /> Gallagher will seek to bind those coverages based upon ClienYs authorization, <br /> however, Gallagher can make no warranties in respect to policy limits or <br /> coverage considerations of the carrier. Actual coverage is determined by policy <br /> language, so read all policies carefully. Contact Gallagher with questions on <br /> these or any other issues of concern. <br /> V. LIMITATION OF LIABILITY <br /> Gallagher's liability to Client, arising from any negligent acts or omissions of Gallagher, <br /> whether related to the Services provided hereunder or not, shall not exceed $20 million <br /> in the aggregate. Without limiting the foregoing, Gallagher shall only be liable for actual <br /> damages incurred by Client, and shall not be liable for any indirect, consequential or <br /> punitive damages. <br /> IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the <br /> date first written above. <br /> ARTHUR J. GALLAGHER RISK CITY OF DECATUR <br /> MANAGEMNET SERV ES, INC. <br /> By: i� By: <br /> � <br /> Name: /�D /�.��L1,�/? Name: Julie Moore wo�fe <br /> Title: �� dF��/!QR V!� �/L�S�D� Title: Mayor <br /> Fee Agreement—Illinois.6.1.12 Page 2 of 2 <br />