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,'-.-. MEMORANDUM OF AGREEMENT 'This agreement is between the North Dakota Department of Agriculture ("NDDA") and Cass County, a North Dakota political subdivision ("Cass County"). The agreement is effective when signed by both parties and terminates on December 31, 2006. PURPOSE By entering into this agreement, Cass County allows NDDA to sponsor a pesticide disposal collection program ("Program") at the Cass Couno/ Highway Department in West Fargo, North Dakota: TERMS 1. The subsequent contract between the NDDA and the pesticide waste contractor ("Contractor")is incorporated into and made part of this agreement. NDDA will furnish a copy of the contract to the undersigned Cass County representati ve. 2. NDDA is responsible for placing a plastic tarp over the surface and placing a berm around the waste characterization and packaging areas used for the Program, retuming site areas to acceptable environmental standards, and adminislering safety mles throughout the site at all times, unless otherwise contracted between NDDA and the Contractor. 3. Cass County will not provide any vehicles, equipment, or staff for the Program. 4. Cass County will provide an area that is flat, approximately fifty feet by eighty feet, can handle traffic ingress and egress by public participants, is located away from highly populated areas, and has an asphalt or concrete surface. 5. Cass County will provide, if available, an area with a water supply, bathroom facilities, and a break room. 6, NDDA will include in its contract with the Contractor a provision whereby the Contractor will indemnifY and hold the State of North Dakota Jianllless om any liability arising from the Program. ~ [Ass GuLT1'\j AMENDMENT This agreement may be amended only by written mutual consent. TERMINATION This agreement maybe terminated upon written mutual agreement of both parties.