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CASS COUNTY GOV 7012822226 06/03 '02 08:31 N0.029 05/08 g. LO O : Standard common carder liability, pursuant to 49 U.S.C. # 11707, will apply o11 shipments made under this contract. In the event any party cannot perform under this Contract due to or as a result of the following causes: acts of Ood, including, but not lknitcd to, flood, storm, earthquake, hurricane, tornado, or other severe weather or climatic conditions; acts of public enemy, war, blockade, insurrection, vandalism or sabotage; fire, accld~t, wreck, derailment, washout or explosion; strike, lockout or labor dispute; shortage of diesel fuel, embargo or AA.R service order; or governmental law, order or regulation, this Contract shall be suspended at thc affected Origin(s) and/or Destination(s) during any such disability pc, riM insofar as it applies to the affected location(s). Suspension shall not result in extension of the tam of the Contract. If this Contract contains a minimum tonnage, carload or percentage requirement CMV") and a Force Majet:re prevents Customer from making shipments under the Contract, Customer shall submit a written claim to Railroad specifying the volume Customer was unable to ship under this Contract. Upon verification by Railroad, any minimum tonnage or carload requirement will be reduced by the volume Customer was prevented from shipping. Any shipments made contratgt to the Route specified in the Attachment due to a Force Majeure will be ~cludad in determining compliance with any minimum percentage requirement. I0. C E L W: This Contract shall be governed and construed in accordance with the laws of the State of North Dakota. 11. N.0TICE: Any notice given under this Contract shall be effective when received. Notices, except as otherwise provided herein, shall be in writing and shall be delivered to the party(s) entitled to receive the same by hand or by certified mail, return receipt requested, addressed to the appropriate party as follows: TO Customer Cass County Highway Dept Box 698 West Fargo, North Dakota 58078 ATTN: Keith. Bemdt TO Railroad Red River Valley & Western RR 11.6 South 4th Street, Box 608 Wahpcton, ND 58074 ATTN: Sharon L. Tmdell Any notice pertaining to a Force Majeure or to matters of an emergency operating nature may be given by any reasonable means. If given by telephone, or verbally, the notice shall be confirmed in writing by first class mail as soon as practicable, if requested by party(s) receiving notice.