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<br />Emergency Response Services Agreement <br /> <br />THIS AGREEMENT is dated effective the first day of January, 2005, by and between the party <br />of the first part, Wenck Associates (hereinafter referred to as the "Company") and the parties of <br />the second part, the County of Cass (hereinafter "Cass") and the City of Fargo (hereinafter <br />"Fargo"), said parties of the second part referred to cumulatively as "Cass/Fargo" and all <br />parties sometimes collectively referred to as the "Parties". <br /> <br />Recitals <br /> <br />A. Fargo Cass has first responders for emergency situations, but may need assistance, from <br />time to time, with hazardous substance remediation efforts and other services and desires <br />to obtain various services pertaining to emergency preparedness and emergency response <br />as set forth in this Agreement; and <br /> <br />B. The Company is engaged in the business of providing emergency response and <br />preparedness services (the "Services"). <br /> <br />C. Fargo and Cass have entered into an Agreement for Provision of Health Services for Cass <br />County by Fargo Cass Public Health and a Hazardous Spill Containment Agreement <br />[hereinafter referred to collectively as the "Fargo Cass Agreements"], both of which <br />provide that Fargo is to provide certain services for Cass County, but provide that the <br />County will share in certain costs and/or reimburse Fargo for certain costs, including <br />costs for services such as provided herein, <br /> <br />D. The Company and Fargo Cass desire to enter into an agreement that will allow the <br />Company to provide such Services to Fargo Casso <br /> <br />NOW THEREFORE, in consideration ofthe foregoing and the mutual promises contained <br />herein, the Parties hereto agree as follows: <br /> <br />ARTICLE 1 <br />Interpretation <br /> <br />1.1 Definitions <br /> <br />In this Agreement and the Schedule attached hereto, the following words and phrases shall have <br />the following meanings: <br /> <br />(a) "Agreements" means this Emergency Response Services Agreement, including <br />all schedules attached to and forming part of this Agreement, as amended from <br />time to time; <br /> <br />(b) "Services" means the services listed in Section 2.1; <br /> <br />(c) <br /> <br />"Dangerous Product" means any hazardous or dangerous product, substance or <br />organism, including without limitation, dangerous goods or radioactive material <br />as such terms are defined by applicable Federal, State, or local laws and <br />-1- <br /> <br />v3 <br />