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3 <br /> “Good Faith” means observance of reasonable commercial standards of fair dealing in a <br />given trade of business. “IDF Line of Protection” means inflow design flood line of protection. “Interstate” means either Interstate 29 (I-29) or Interstate 94 (I-94). <br /> “LFC” means the low-flow channel constructed in the bottom section of the DCAI from the Diversion Outlet to the Diversion Inlet Structure with minimum low flow rates of 720 cubic feet per second from the Diversion Outlet to the Rush River Inlet; 470 cubic feet per second from the Rush River Inlet to the Maple River Aqueduct; and flow rates determined by the P3 <br />Developer from the Maple River Aqueduct to the Diversion Inlet Structure. “Maple River Aqueduct” means the element that will convey the flow of the Maple River across the DCAI. <br /> “Metro Flood Diversion Authority” means the political subdivision created by the Joint Powers Agreement, effective June 1, 2016, by and between the City of Moorhead, a political subdivision of the State of Minnesota; the City of Fargo, a political subdivision of the State of North Dakota; Clay County, a political subdivision of the State of Minnesota; Cass County, a political subdivision of the State of North Dakota; and Cass County Joint Water Resource <br />District, a political subdivision of the State of North Dakota and vested with the powers therein. “Natural Gas Transportation Infrastructure” means all pipe, valves, fittings, markers, <br />fencing, and any other infrastructure that the Utility intends to install within the Project Footprint <br />of the DCAI. <br /> “Other Approvals” means all approvals and permits legally required to complete <br />approved Work on the Utility Location Project, including, but not limited to, construction <br />permits and permits from the applicable water resource district. “Party” means the Metro Flood Diversion Authority or the Utility, as the context may require, and their respective legal representatives, successors, and permitted assigns, and <br />wherever a reference in this Agreement is made to any Parties hereto, “Parties” means the <br />entities party to this Agreement, specifically the Metro Flood Diversion Authority and the Utility. “Pipeline Easement Property” means those legal descriptions contained within the <br />Easement agreed to between the parties and attached hereto as Exhibit 3. <br /> “P3 Developer” means the private party or entity that enters into the Project Agreement whereby that party agrees to design and build the Project. <br /> <br />