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1 <br />UTILITY LOCATION AGREEMENT <br /> <br />THIS AGREEMENT is made and entered into this ____ day of May, 2018 (hereinafter referred to as the “Effective Date”), by and between the Metro Flood Diversion Authority, a North Dakota political subdivision, whose post office address is P.O. Box 2806, Fargo, ND 58108-2806, and WBI Transmission, Inc., whose post office address is 1250 West Century <br />Avenue, Bismarck, ND 58506-5601 (hereinafter referred to as the “Utility”). <br /> RECITALS WHEREAS, the Metro Flood Diversion Authority is undertaking a Public-Private <br />Partnership (hereinafter referred to as the “P3”) for the construction of the DCAI; and <br /> WHEREAS, the Utility intends to acquire real property interests (hereinafter referred to as “Property Interests”) and install a new natural gas pipeline within the area of the DCAI; and <br />WHEREAS, it will be necessary for the Property Interests and Natural Gas <br />Transportation Infrastructure to be located in a manner to avoid conflicts with the DCAI to the extent possible; and WHEREAS, the Utility and the Metro Flood Diversion Authority desire to set forth in <br />writing their mutual understandings and to define the terms and conditions, and each Party’s <br />rights and obligations in connection with the location and placement of the Natural Gas Transportation Infrastructure (hereinafter referred to as the “Utility Location Project”). NOW, THEREFORE, in consideration of the mutual promises contained herein and <br />other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the <br />Parties hereby state as follows: ARTICLE I. DEFINITIONS AND INTERPRETATION Section 1.01 DEFINITIONS. All capitalized and bolded terms used and not otherwise defined herein shall have the meanings given to them in this Agreement and as defined in this Section unless a different meaning clearly applies from the context. “Agreement” means this Agreement by and between the Metro Flood Diversion Authority and WBI Energy Transmission, Inc. “Best Efforts” means acting in Good Faith and in accordance with generally accepted commercial practices, and using reasonable due diligence to undertake all action contemplated <br />by this Agreement, in accordance with applicable federal and state laws, regulations, and rules; <br />however, the obligation to use Best Efforts does not mean a duty to take action that would be in violation of applicable federal or State law.