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<br />PART IV <br /> <br />1. The City of Kindred will make all contract payments, on behalf of the County. <br />Payment will be made upon receipt of engineer's estimate. The County will <br />reimburse the City for $220,000 of the project costs. <br />2. No official, employee or other person performing services for the City who is <br />authorized to negotiate or approve any contract or subcontract in connection with <br />the project shall have any financial or other personal interest in any such contract <br />or subcontract. No officer or employee of such person retained by the City shall <br />have any financial or other personal interest in any real property acquired for the <br />project unless such interest is openly disclosed upon public records of City and of <br />the County, and such officer, employee, or person have not participated in such <br />acquisition for and on behalf of the City. <br />3. The failure of the County to enforce any provisions of this contract shall not <br />constitute a waiver by the County of that or any other provision. <br />4. This agreement constitutes the entire agreement between the parties. No waiver, <br />consent, modification or change oftenns of this agreement shall bind either party <br />unless in writing and signed by both parties. Such waiver, consent, modification <br />or change, ifmade, shall be effective only in the specific instance and for the <br />specific purpose given. There are no understandings, agreements, or <br />representations, oral or written, not specified herein regarding this agreement. <br />The County, by the signature below of its authorized representative, hereby <br />acknowledges that the County had read this agreement, understands it, and agrees <br />to be bound by its terms and conditions. <br /> <br />Executed by Cass County, North Dakota, the date last below signed. <br /> <br />APPROV AL: <br /> <br />Dan'el Vanyo. Commission Chainnan <br /> <br />~~~ ~~ <br /> <br />Boli Clarke. Mayor City of Kindred <br /> <br />J :IFonnslKindred Truck Route Construction and Maintenance agreement.doc <br /> <br />3 <br />