2. Road-76th Ave and County 17 JPA with Horace

Joint Powers Agreement City of Horace – Cass County County Highway 17 – 76th Ave South Reconstruction Project Page 5 11. Insurance. Before permitting any contractor to commence construction of the Project, the City will require each contractor to deliver to the City copies of the insurance policies and endorsements naming the City and the County as additional insureds, and will otherwise ensure all requisite evidence that the insurance is in full force and effect. All contracts with any contractors will require each contractor to provide insurance policies and endorsements in accordance with NDDOT requirements. 12. Term. The parties’ respective rights and obligations under this Agreement will commence upon its execution, and may terminate if necessary to comply with any laws, rules, regulations, requirements, or directives of the State of North Dakota, or any other federal or state agency with regulatory jurisdiction; or upon completion of construction of the Project; or in the event of an uncured default by the City or the County; or if terminated sooner by either party. 13. Termination. Either party may terminate this Agreement upon six (6) months’ written notice to the other party. 14. Forbearance. The failure or delay of any party to insist on the timely performance of any of the terms of this Agreement, or the waiver of any particular breach of any of the terms of this Agreement, at any time, will not be construed as a continuing waiver of those terms or any subsequent breach, and all terms will continue and remain in full force and effect as if no forbearance or waiver had occurred. 15. Severability. If any Court of competent jurisdiction declares any provision or part of this Agreement invalid or unenforceable, all remaining terms and provisions of this Agreement will remain binding and enforceable; however, the parties will reconvene negotiations and will reform or replace any invalid, illegal, or unenforceable provision or portion of this Agreement with an alternative provision that is enforceable and bears as close resemblance as possible to any provision determined invalid, illegal, or unenforceable. 16. Successors. The covenants, terms, conditions, provisions, and undertakings in this Agreement, or in any amendment, will be binding upon the parties’ successors and assigns. 17. Applicable Law. This Agreement will be construed in accordance with and governed by North Dakota law. 18. Assignment. Neither party may transfer or assign this Agreement or any rights or obligations under this Agreement without the express written consent of the other party. 19. Amendments. Any modifications or amendments of this Agreement must be in writing and signed by both parties to this Agreement. 20. Interpretation. This Agreement will be construed as if prepared by both parties.