03-23-2017
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03-23-2017
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6 <br />13. MODIFICATION. This Agreement contains the entire understanding of the parties. It may <br />not be changed orally, but only upon an agreement in writing approved by both parties’ <br />governing bodies. It may be modified as to terms and conditions from time to time upon the mutual consent of the parties; however, such modification shall be reduced to writing, signed by the parties and the document appended to and made a part of this Agreement. <br /> <br />14. WAIVER. A party’s waiver of enforcement of any of this Agreement’s terms or conditions <br />will be effective only if it is in writing. A party’s specific waiver will not constitute a waiver by that party of any earlier, concurrent, or later breach or default. <br />15. BINDING EFFECT. This Agreement shall be binding upon and inure to the benefit of the <br />Diversion Authority, its successors and assigns, and any such successor shall be deemed <br />substituted for the Diversion Authority under the terms of this Agreement. This Agreement shall likewise be binding upon Metro COG, its successors and assigns. As used in this Agreement, the term “successor” shall include any person, firm, corporation or other <br />business entity which at any time whether by merger, purchase or otherwise acquires all or <br />substantially all of the assets or business of the corporation. <br /> 16. NEGOTIATED AGREEMENT. This Agreement has been arrived at through negotiation <br />between the parties. <br /> <br />17. SEVERABILITY. If any court of competent jurisdiction declares any provision or part of <br />this Agreement to be invalid or unenforceable, all remaining terms and provisions of this Agreement will remain binding and enforceable. <br />18. CONTROLLING LAW AND VENUE. This Agreement shall be controlled by the laws of <br />the State of North Dakota, and any action brought as a result of any claim, demand or cause <br />of action arising under the terms of this Agreement shall be brought in an appropriate venue in the State of North Dakota. <br /> <br />19. COUNTERPARTS. This Agreement may be executed in two or more counterparts, each of <br />which together shall be deemed an original, but all of which together shall constitute one <br />and the same instrument. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf" format data file, such signature shall create a <br />valid and binding obligation of the party executing (or on whose behalf such signature is <br />executed) with the same force and effect as if such facsimile or ".pdf" signature page were <br />an original thereof. <br /> <br />[Signatures included on the following pages.]
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