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<br />guidelines, ordinances, resolutions, orders, judgments, decrees, injunctions, and administrative or
<br />judicial precedents or authorities, including the interpretation or administration thereof by any governmental authority charged with the enforcement, interpretation, or administration thereof, all governmental approvals, and all administrative orders, awards, directed duties, requests, licenses, certificates, authorizations and permits of, and agreements with, any governmental authority, and,
<br />with respect to any person, the articles of incorporation, bylaws, or other organizational or
<br />governing documents of such person, in each case whether or not having the force of law, that are applicable now or are applicable at any time hereafter to the Authority or the County. “Authority” means the Metro Flood Diversion Authority, a political subdivision of the
<br />State of North Dakota and a permanent, joint powers entity formed through the Joint Powers
<br />Agreement to provide the Fargo-Moorhead metropolitan area with permanent and comprehensive flood protection. “Best Efforts” means an entity will act in Good Faith, act in accordance with generally
<br />accepted commercial practices, and use reasonable due diligence to undertake all action
<br />contemplated by this Agreement, in accordance with Applicable Law. “County” means Cass County, North Dakota, a North Dakota Home Rule County and political subdivision of the State of North Dakota.
<br /> “Effective Date” means January 1, 2020. “Employee Handbook” means the Cass County Employee Handbook which describes workplace policies and employee guidelines for Cass County Employees.
<br /> “Executive Director” means the person hired by the Authority pursuant to an Employment Agreement dated September 1, 2019, to serve as the Executive Director of the Authority pursuant to the terms and conditions of the Joint Powers Agreement. “Good Faith” means the observance of reasonable commercial standards of fair dealing
<br />in a given trade or business. “Interim Memorandum of Understanding” means the interim agreement outlining the relationship and responsibilities of Cass County and the Metro Flood Diversion Authority with
<br />regard to human resource related services dated as of August 22, 2019.
<br /> “Joint Powers Agreement” means the agreement entered into by and between the City of Moorhead, the City of Fargo, Clay County, Cass County, and the Cass County Joint Water Resource District, dated as of June 1, 2016, to create the Authority.
<br /> “Metro Flood Diversion Authority” or “Authority” means the political subdivision created by the Joint Powers Agreement consisting of the communities of Fargo, North Dakota and Moorhead, Minnesota, along with Cass County, North Dakota, Clay County, Minnesota, and the Cass County Joint Water Resources District.
<br /> “Party” means either the Authority or the County, as the context may require, and their respective legal representatives, successors, and permitted assigns, and wherever a reference in
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