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1 <br />SERVICES AGREEMENT <br />THIS SERVICES AGREEMENT (this “Agreement”) is made and entered into this ________ day of April, 2020 (the “Effective Date”), by and between the METRO FLOOD DIVERSION AUTHORITY, a political subdivision of the State of North Dakota, whose address is 207 4th Street N, Suite A, Fargo, North Dakota 58102 (the “Authority”), and WATTS and ASSOCIATES, INC., a <br />corporation organized and existing under the laws of the State of North Dakota with a principal office <br />at 1755 149th Avenue Northeast, P.O. Box 206, Hatton, North Dakota 58240-0206 (“Watts”) (the Authority and Watts are collectively referred to as “Parties”). <br />RECITALS <br />WHEREAS, the Authority desires to develop details associated with the proposed Summer Operation Crop Loss Program outlined in the ‘Property Rights Acquisition and Mitigation Plan, v5’; and <br />WHEREAS, Watts produced a report titled ‘Evaluation of Agricultural Risk Management Options for the FM Area Diversion Project’ (the “Prior Work”) in March 2014; and <br />WHEREAS, the Authority has requested a proposal from Watts to expand on the Prior Work and provide crop insurance rider development services; and <br />WHEREAS, Watts has submitted such proposal and agrees to provide services, which are presented in the proposal attached as Exhibit A; and <br />WHEREAS, the Authority agrees to compensate Watts for such services on the terms and <br />conditions provided in this Agreement. <br />NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which the Parties acknowledge, the Parties agree as follows: <br />AGREEMENT <br />1.Services Provided. The Authority hereby agrees to engage Watts to provide the Authority <br />with the following described list of Services. <br />A. Summer Operation Crop Loss Program Development. See Exhibit A. <br />B. Additional Services. The Authority, for compensation in addition to those amounts <br />provided in Section 4 hereof, may direct Watts to perform Additional Services in addition to the above-listed Services. Watts hereby agrees to provide such Additional Services to the Authority, and the Authority agrees to provide the agreed-upon compensation for such Services; any Additional Services will be performed by the execution of an addendum to this Agreement pursuant to Section 15. <br />2.Notice to Proceed. Watts will not commence Services until receipt of a notice to proceed fromthe Authority. The Authority will not issue a notice to proceed to Watts until Watts provides