Repository: UIHistories Project: Board of Trustees Minutes - 1950 [PAGE 530]

EXTRACTED TEXT FROM PAGE:

1949]

UNIVERSITY OF ILLINOIS

521

made and costs incurred, including damages, by the Company with respect to any such claim, and all reimbursements of the University by the Company with respect to any such suit, shall be included in the Company's operating expenses for the purposes of billing hereunder unless the Company's outlays for such purposes shall have resulted from the negligence or wilful default of the Company. During the term hereof the University shall indemnify the Company against all claims for damages in favor of third persons arising from the construction, installation, relocation, removal, operation or maintenance of the University's facilities; and the University shall reimburse the Company for all damages, costs, expenses and attorneys' fees that the Company may be put to or incur in defending, or by reason of, any suit brought against it for such damages. SECTION 10.03. Unless the party addressed shall otherwise consent in writing, each notice, request, demand or other communication required to be given or which may be given under any provision of this agreement shall be given in writing. Each such communication shall be addressed to such person or place as may be designated in writing from time to time by the party addressed. If no person or place has been designated with respect to a particular type of communication to the University, it shall be addressed to the person designated by the University under the provisions of Section 2.05. If no person or place has been designated with respect to a particular type of communication to the Company, it shall be addressed to the Company at 72 West Adams Street, Chicago, Illinois. SECTION 10.04. This agreement is entered into, on behalf of the Company, subject to the consent and approval of Illinois Commerce Commission. SECTION 10.05. All provisions and terms of this contract shall be subject to the provisions of Article 4, Section 18 of the Constitution of Illinois, 1870, and to Section 7 of an Act to provide for the organization and maintenance of the University of Illinois, approved February 28, 1867, as amended, the same being Section 28 of Chapter 144, of the Illinois Revised Statutes, 1047. SECTION 10.06. This agreement is executed in duplicate, and shall inure to and be binding upon the respective successors and assigns of the Company and the University; provided, however, that neither party may assign this agreement without the prior written consent of the other party. In Witness Whereof, Medical Center Steam Company has caused this agreement to be executed in its corporate name by its President, and its corporate seal to be hereunto affixed and attested by its Secretary, and The Board of Trustees of the University of Illinois has caused this agreement to be executed in its name by its Comptroller and its Secretary, and its corporate seal to be hereunto affixed by its Secretary, all as of the day and year first above written. MEDICAL CENTER STEAM

ATTEST: By

COMPANY

President Secretary T H E BOARD OF T R U S T E E S OF T H E UNIVERSITY OF ILLINOIS By Comptroller By

APPROVED : Secretary

Business Manager, Chicago Director of the Physical Plant Department Legal Counsel