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<br /> <br />EXHIBIT D <br />DEVELOPER TEAM CONFIDENTIALITY ACKNOWLEDGMENT <br />I hereby acknowledge and understand that in the course of my professional actions, duties, <br />and representations, I have been, am, or will be exposed to Confidential Information in the course of Fredrikson & Byron’s representation of a Developer with the anticipation of entering an agreement with the Metro Flood Diversion Authority to design, build, finance, operate, and <br />maintain a Diversion Channel and Associated Infrastructure as a part of the Fargo-Moorhead <br />Metropolitan Area Flood Risk Management Project. <br /> I further hereby acknowledge and understand that Fredrikson & Byron has and will be representing the Metro Flood Diversion Authority. <br /> <br /> I further hereby acknowledge and understand that Fredrikson & Byron and the Metro Flood <br />Diversion Authority have entered into a Confidentiality and Waiver of Conflict Agreement <br />authorizing Fredrikson & Byron to serve as counsel for both the Metro Flood Diversion Authority and a Developer in the above-described capacities. <br /> <br />I further hereby acknowledge that I have reviewed the Confidentiality and Waiver of <br />Conflict Agreement between Fredrikson & Byron and the Metro Flood Diversion Authority and all Exhibits and understand the establishment of an ethical wall and framework between the Teams <br />providing counsel for the Metro Flood Diversion Authority and a Developer. <br /> <br />I further hereby acknowledge that I know the identities of the Government Relations Team <br />Members. <br />I hereby agree that I will abide by the provisions of the Confidentiality and Waiver of <br />Conflict Agreement and will report any unauthorized sharing or dissemination of Confidential <br />Information to the Government Relations Team Leader. <br /> <br /> <br />Signed: <br /> <br />Printed Name: <br />Title: <br /> <br />Date: