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CASS COUNTY ROAD RIGHT OF WAY WEED SPRAYING CONTRACT This Agreement is made this 3rd day of April, 2006, between the Cass County Weed Board, State of North Dakota, hereinafter referred to as the "Board" and RiQht-A-Wav. 281 Countv Road 19. Cooperstown. NO 58425 hereinafter referred to as the "Contractor". RECITALS 1. WHEREAS, the Cass County Weed Board, West Fargo, North Dakota has the statutory responsibility pursuant to N.D.C.C. 63-01.1, to eradicate or to control noxious weeds within Cass County; and, 2. WHEREAS, RiQht-A-Wav , has been awarded the Right of Way Weed Spraying contract by said County Weed Board for a two (2) year period commencing on April 15, 2006 and terminating on December 31, 2007 for the North portion of Cass County; and, 3. WHEREAS, the "Contractor" promises, and agrees and warrants that it will provide the following described spraying services, labor and equipment, and will assume all liability there from and maintain adequate insurance as set forth below. NOW THEREFORE, the parties hereto do agree and covenant as follows: 1. TERM. The Contractor does hereby agree to furnish and provide all labor, chemicals and equipment to spray noxious weeds in Cass County road right of ways as directed by the Cass County Weed Officer, in such Officer's discretion, during the normal spraying seasons for years 2006 and 2007. The normal spray season shall be from May 15 through July 15, inclusive, and between August 15 and October 1, inclusive for each year of the contract term. Provided, however; that the normal spraying seasons may be extended at the discretion of the Cass County Weed Officer, depending on weather conditions, soil conditions, location of infestations, and age or growth stage of plants. Spray operations may be ceased when allocated contract spray funds have been spent. This will be determined by the Weed Control Officer or the Weed Board Chairman. 2. PORTION OF COUNTY. The portion of Cass County the Contractor is assigned to is the "North" portion consisting of the area from the northern county line to but not including the right of way of Interstate 94 and from the western county Une to the Red River excluding the city limits of Fargo.