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Notice: All notices, certificates, or other communications shall be sufficiently given when <br />delivered or mailed, postage prepaid, to the parties at their respective places of business as set <br />forth below or at a place designated hereafter in writing by the parties. <br /> <br />Robert L. Bright <br />Executive Director <br />F-M COG <br />Case Plaza, #232 <br />Fargo, ND 58102 <br /> <br />Keith Berndt <br />Cass County Highway Engineer <br />P.O. Box 698 <br />West Fargo, ND 58078 <br /> <br />Hold Harmless: The Contractor shall save and hold harmless the F-M COG, its officers, agents, <br />employees, and members, and the State of North Dakota and NDDOT, its officers, agents, <br />employees and members from all claims, suits, or actions of whatsoever nature resulting from or <br />arising out of the activities of the Contractor or its subcontractors, agents, or employees under <br />this agreement. It is hereby understood and agreed that any and all employees of the Contractor, <br />and all other persons employed by the Contractor in the performance of any of the services <br />required or provided for under this agreement shall not be considered employees of the F-M <br />COG or the NDDOT and that any and all claims that may arise under the Worker's <br />Compensation Act on behalf of said employees while so engaged and any and all claims by any <br />third parties as a consequence of any act or omission on the part of said Contractor's employees <br />while so engaged in any of the services to be rendered under this agreement by the Contractor <br />shall in no way be the obligation or responsibility of F-M COG. <br /> <br />Compliance with Federal Regulations: The Contractor is advised that his or her signature on <br />this contract certifies that its jurisdiction will comply with all provisions of this agreement as <br />well as applicable federal and state laws, regulations, and procedures. Moreover, the Contractor <br />affirms its compliance with the federal Debarment and Suspension Certification and the federal <br />Restrictions on Lobbying. <br /> <br />Meri!er: This agreement constitutes the entire agreement between the parties. No waiver <br />consent, modification or change of terms of this agreement shall bind either party unless in <br />writing and signed by both parties. Such waiver, consent, modification, or change, if made, shall <br />be effective only in the specific instance and for the specific purpose given. There are no <br />understandings, agreements, or representations, oral or written, not specified herein regarding <br />this agreement. The Contractor, by the signature below of its authorized representative, hereby <br />acknowledges that the Contractor has read this agreement, understands it, and agrees to be bound <br />by its terms and conditions. <br /> <br />Cass County 2003 Conlract - page 6 W:U'ass Throughk2003~contracts\Cass County contract - sow.doc <br /> <br /> <br />