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<br />Page 2 of 27 <br />“Cass County Joint Water Resource District” means the Cass County Joint Water Resource <br />District, a political subdivision of the State of North Dakota, its successors and assigns. <br /> <br />“City of Fargo” means the City of Fargo, a North Dakota Home Rule City and political <br />subdivision of the State of North Dakota. <br /> <br />“Consultant” means the individual or entity with which the Owner has contracted for <br />performance of the services as set forth in this Agreement. <br /> <br />“Diversion Authority” has the same meaning as Metro Flood Diversion Authority. <br /> <br />“Diversion Authority Board” means the Governing Body of the Metro Flood Diversion <br />Authority. <br /> <br />“Effective Date” means August 1, 2017. <br /> <br />“Executive Director” means the Chief Administrative Officer of the Metro Flood Diversion <br />Authority. The term also includes Co-Executive Director. <br /> <br />“Fargo-Moorhead Metropolitan Area” means Fargo, North Dakota, Moorhead, Minnesota, <br />and surrounding communities; it is further defined by the United States Census Bureau as <br />comprising all of Cass County, North Dakota, and Clay County, Minnesota, which includes <br />the cities of Dilworth, Minnesota, West Fargo, North Dakota, and numerous other towns and <br />developments from which commuters travel daily for work, education, and regular activities. <br /> <br />“Fargo-Moorhead Metropolitan Area Flood Risk Management Project” has the same <br />definition as “Project” in this Agreement and is the name given to the Project by the <br />USACE. <br /> <br />“Good Faith” means observance of reasonable commercial standards of fair dealing in a <br />given trade or business. <br /> <br />“Governing Body” means the body which performs the legislative and governmental <br />functions of a political subdivision, including but not limited to, a board, council, or <br />commission. For example, the Cass County Commission, the Clay County Commission, the <br />Moorhead City Council and the Fargo City Commission are the Governing Body of each of <br />said entities as the board for the CCJWRD is the Governing Body for that entity. <br /> <br />“Initial Agreement” means the agreement dated as of June 26, 2014, between Cass County <br />Joint Water Resource District and Consultant. <br /> <br />“JPA” or “Joint Powers Agreement” means the agreement dated as of June 1, 2016, by and <br />between the Member Entities. <br /> <br />“LJPA” or “Limited Joint Powers Agreement” means the agreement dated July 11, 2011, <br />and subsequently amended, which was entered into between the City of Moorhead, the City <br />of Fargo, Clay County, Cass County, the Buffalo-Red River Watershed District and the Cass DRAFT