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4 <br />Metro COG requires payment from all participating entities prior to Metro COG <br />commencing work pursuant to this Agreement. <br /> C. Metro COG must submit a copy of each invoice to: <br /> NBoerboom@cityoffargo.com <br />OR <br /> Nathan Boerboom, Division Engineer Metro Flood Diversion Authority c/o City of Fargo <br /> 200 3rd St. N <br /> Fargo, ND 58102 <br /> D. Metro COG’s invoice must clearly indicate fees incurred for the current Project period <br />and include at least the following information: <br />(1) Metro COG’s name and address; <br />(2) Metro COG’s federal employer identification number; <br />(3) Name of the matter and number of the file; and (4) Unique invoice number. <br /> <br />E. The invoice for each Project will be paid to Metro COG within thirty (30) days of the <br />Diversion Authority’s receipt of an invoice from Metro COG. <br /> 10. TERMINATION. <br /> <br />A. This Agreement is not terminable at will if Metro COG has entered into a <br />contemplated Project Contract with Consultant and/or Metro COG chooses to proceed <br />with Project Contract related to or arising out of the Project. <br />B. Either party may terminate this Agreement upon fourteen (14) days’ written notice, in <br />whole or in part, if: <br />(1) The Diversion Authority determines that having Metro COG provide services has <br />become infeasible due to changes in applicable laws or regulations, or (2) Except as set forth in subsection A of this Section, expected or actual funding to <br />compensate Metro COG is withdrawn, reduced, or limited. <br /> <br />C. During any year of this Agreement in which a Project is not ongoing, either party may <br />terminate this Agreement, in whole or in part, for any or no reason upon ninety (90) days’ written notice. <br /> <br />D. In the event a federal or state tax or employment agency concludes that an independent <br />contractor relationship does not exist, either Metro COG or the Diversion Authority <br />may terminate this Agreement immediately upon written notice. <br />E. Upon receipt of any termination notice given pursuant to subsection B and/or C of this <br />Section from the Diversion Authority, Metro COG must promptly discontinue all <br />affected services unless the notice specifies otherwise. Metro COG must deliver all