12-19-2019
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12-19-2019
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Diversion Authority/NuStar - Pre-NDPSC Application Work Payment Agreement 68892716 - Page 5 <br /> <br />h) If the Diversion Authority fails to make a payment in full within thirty (30) days of the <br />date due for any undisputed billing, NuStar may, after giving seven (7) days’ written notice to the Diversion Authority, suspend services under the Agreement until paid in full, including interest. In the event of suspension of services, NuStar will have no liability to the Diversion Authority for delays or damages caused by the Diversion <br />Authority because of such suspension. <br /> 5. Term. This Agreement shall automatically terminate upon execution of the MOU between the Parties. Upon execution of the MOU, this Agreement shall no longer bind the Parties; provided, however, that the Diversion Authority’s payment obligations for Application- <br />Related Work Expenses incurred hereunder shall survive termination of this Agreement. <br /> 6. Entire Agreement. This Agreement constitutes the entire agreement between the Parties with regard to the Application-Related Work and supersedes all prior agreements, written or oral, between the Parties relating to the subject matter hereof. <br /> <br />7. Governing Law. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of North Dakota, without giving effect to the conflicts of law principles thereof. <br />8. Counterparts. This Agreement may be executed in two or more counterparts, and <br />it shall not be necessary that the signatures of all Parties hereto be contained on any one counterpart hereof; each counterpart shall be deemed an original, but all of which together shall constitute one and the same instrument. <br />(Signature Page Follows.)
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