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<br />AGREEMENT <br /> <br />THIS AGREE.MENT is made and entered into between Cass County ("SPONSOR"), <br />having its principal place of business in West Fargo, North Dakota, and the University of North <br />Dakota Energy & Environmental Research Center ("CONTRACTOR"), a public institution of <br />higher education and an instrumentality of the state of North Dakota organized under the <br />constitution of the state, having its principal place of business in Grand Forks, North Dakota. The <br />parties to this Agreement are sometimes hereinafter referred to individually as a "Party" and <br />collectively as the "Parties." <br /> <br />WITNESSETH THAT: <br /> <br />WHEREAS CONTRACTOR is willing to address Red River of the North Basin <br />management issues with the overall goal of developing a long-term watershed management <br />strategy, and SPONSOR desires to participate in the activities of said Program. <br /> <br />NOW THEREFORE, in consideration of the mutual promises exchanged below <br />CONTRACTOR and SPONSOR have agreed as follows. <br /> <br />ARTICLE 1 - DEFINITIONS <br /> <br />1.01 As used herein, the term "Program" shall mean a multiclient program known as the <br />"Red River Water Management Consortium." <br /> <br />1.02 As used herein, the term "SPONSOR" shall mean each pal1y, other than <br />CONTRACTOR, who enters into an agreement having similar terms and conditions to those <br />contained in this Agreement. However, it is understood that other federal and state agencies may <br />be funding their contributions under separate agreements with CONTRACTOR. As the funding <br />provided herein may be used as federal matching funds to other federal agreements, it will follow <br />the guidelines detailed in Article 4 of this Agreement. <br /> <br />1.03 As used herein, the term "Steering Committee" shall mean the group of individuals <br />appointed one per each SPONSOR to provide guidance and input toward the accomplishment of <br />the Program. Each SPONSOR shall have one vote on the Steering Committee. Federal and state <br />agencies will participate as nonvoting technical advisors by interfacing directly with <br />CONTRACTOR. <br /> <br />ARTICLE 2 - THE PROGRAM <br /> <br />2.01 Upon this Agreement becoming effective, CONTRACTOR will conduct the Program <br />in accordance with the terms of this Agreement. This Agreement shall become effective and the <br />Program shall commence on June 1, 2006. The Program shall remain in effect for approximately <br />sixty (60) months. CONTRACTOR may extend the planned ending date of May 31,2011, for the <br />Program to reflect actual performance. Notification of the new planned completion date wiII be <br />forwarded to SPONSOR. Either Party may terminate this Agreement on the annual anniversary <br />date by giving thirty (30) days' written notice in advance to the other party. <br /> <br />2.02 In the event SPONSOR joins the Program after the effective date of June I, 2006, <br />SPONSOR's membership will become effective in the Program ycar in which the Agreement is <br /> <br />1 <br />