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<br />this Agreement is made to any Parties hereto, “Parties” means the Authority and the County,
<br />collectively, and their respective legal representatives, successors, and permitted assigns. “Project” means the LPP Flood Risk Management Features and the Recreation Features as generally described in the Final Feasibility Report and Environmental Impact Statement, Fargo-
<br />Moorhead Metropolitan Area Flood Risk Management Project, dated July 2011 and approved by
<br />the Chief of Engineers on December 19, 2011, as amended by the Supplemental Environmental Assessment, Fargo-Moorhead Metropolitan Area Flood Risk Management Project, dated September 2013 and approved by the US Army Corps of Engineers, District Engineer, St. Paul District on September 19, 2013, and as amended by the Governors’ Task Force and applicable
<br />permit requirements.
<br /> Section 1.02 INTERPRETATION. The headings of Articles and Sections are provided for convenience of reference only and will not affect the construction, meaning, or interpretation of this Agreement. Any and all exhibits to this Agreement are hereby incorporated by reference. The
<br />definition of terms herein shall apply equally to the singular and plural forms of the terms defined.
<br />Whenever the context may require, any pronoun shall include the corresponding masculine, feminine, and neuter forms. The words “include,” “includes,” and “including” shall be deemed to be followed by the phrase “without limitation.” The word “will” shall be construed to have the same meaning and effect as the word “shall.” Unless the context requires otherwise (a) any
<br />definition of or reference to any agreement, instrument, or other document herein shall be
<br />construed as referring to such agreement, instrument, or other document as from time to time amended, supplemented, or otherwise modified (subject to any restrictions on such amendments, supplements, or modifications as set forth herein), (b) any reference herein to any person shall be construed to include such person’s permitted assigns, (c) the words “herein,” “hereof,” and
<br />“hereunder,” and words of similar import, shall be construed to refer to this Agreement in its
<br />entirety and not to any particular provision hereof, (d) all references herein to articles, sections, exhibits, and schedules shall be construed to refer to articles and sections of, and exhibits and schedules to, this Agreement, and (e) the words “asset” and “property” shall be construed to have the same meaning and effect and to refer to any and all tangible and intangible assets and
<br />properties, including cash, securities, accounts, and contract rights.
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<br />ARTICLE II. INTENT
<br /> Section 2.01 INTENT. On September 1, 2019, the Authority hired an Executive Director, pursuant to and in accordance with an employment agreement between the Executive Director and the Authority. The Executive Director performs a wide range of duties and tasks
<br />related to the Project. The Authority may hire a small number of additional staff in the future.
<br />Given the County’s large human resource department and the small number of employees hired and to be hired by the Authority in the future, the County offered to provide human resource services related to benefits and payroll services to Authority employees through December 31, 2019. The Parties memorialized the terms of the agreement in an Interim Memorandum of
<br />Understanding, dated August 22, 2019, attached as Exhibit B hereto. The Interim Memorandum
<br />of Understanding expires on December 31, 2019, and the County and the Authority intend to enter into a more complete agreement regarding the provision of human resources services. The County’s human resource department will provide human resource services related to payroll and
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