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TRAINING AND ENTRY AGREEMENT
This Agreement is entered into as of the 22nd day of September, 2010, between TIN Inc. d/b/a Temple-Inland ("Temple-
Inland"), a Delaware Corporation and the City of Elgin, Illinois, a municipal corporation ("City").
WHEREAS,Temple-Inland desires CPR training(hereinafter referred to as"Training")for Temple-Inland employees at
Temple-Inland's plant located in Elgin, Illinois (hereinafter referred to as"Plant"); and
WHEREAS,City has agreed to provide Training;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is
hereby mutually acknowledged, the parties hereto hereby agree as follows:
1. Entry. City may enter Plant from time to time as may be scheduled in advance with Temple-Inland to provide Training.
City's access to Plant is limited to those areas designated by Temple-Inland and to such areas as may be reasonably
necessary to permit entry and exit to and from such areas, and no other. City may not enter Plant subsequent to the
completion of the Training or written notice from Temple-Inland, whichever is first. The time(s) and location(s) for
Training shall be as indicated on the schedule attached hereto and made a part hereof as Attachment"A".
2. Indemnification. Temple-Inland shall hold harmless and indemnify City, its officers,directors, employees,boards and
commissions, agents and assigns from and against any and all claims, causes of action, losses, damages, suits and
liability of every kind, including, but not limited to, all expenses of litigation, court costs and attorney's fees for damage
to any property, or for injuries to or sickness or death of any person caused by, or arising out of or in connection with,
any negligent acts or omissions of Temple-Inland. In the event the provisions of this paragraph are invoked for any
reason, counsel for City shall be of City's choosing. The provisions of this paragraph shall survive and expiration or
termination of this agreement.
3. Confidentiality: City agrees that any ideas, concepts, information or processes received from Temple-Inland in
connection with this Agreement shall be the property of Temple-Inland and shall be preserved in confidence by City
and shall not be disclosed by City to third persons except to the extent such disclosure is necessary for the proper
performance of this Agreement or as may be required by law.
4. Payment: Temple-Inland shall pay to City the sum of$35 per Temple-Inland employee who participates in Training
within 30 days of such training.
5. Severability: The terms of this agreement shall be severable. In the event any of the terms or provisions of this
agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this agreement shall
remain in full force and effect.
6. Agency: This agreement shall not be construed so as to create a joint venture, partnership, employment or other
agency relationship between the parties hereto.
7. Venue: This agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the resolution
of any disputes, or the enforcement of any rights arising out of or in connection with this agreement shall be in the
Circuit Court of Kane County, Illinois.
TEMPLE-INLAND City of Elgin
Title: Ph( /.1 a.w a 5 eP Title: City Manager
Printed Name: —3---Ct £ /10 k 571001 Printed Name: Sean Stegall
Signature: Signature: ,ioelf,,,,ZZ/
Date: 9 0 Date:
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ATTACHMENT"A"
City shall perform Training on September 22, 2010 at 9:00 am at 834 Raymond St., Elgin, Illinois