04-23-2020
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04-23-2020
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7 <br />represented on the Authority’s behalf), and obtain the Authority’s consent prior to <br />performing such services. <br />15.Modification. Any amendment or modification of this Agreement or additional obligationassumed by either Party in connection with this Agreement will only be binding if evidencedin writing signed by each Party or an authorized representative of each Party. <br />16.Notice. All notices, requests, demands, or other communications required or permitted by theterms of this Agreement will be given in writing and delivered to the Parties at the followingaddresses: <br />If to the Authority: Attn: Chair <br />Metro Flood Diversion Authority P.O. Box 2806 Fargo, ND 58108-2806 <br />If to Watts: NAME <br />Watts and Associates, Inc. 4331 Hillcrest Road Billings, MT 59101 <br />The Parties may confirm in a prior written and signed writing to change or waive their notice <br />address. Any notice given under this Agreement shall be deemed properly delivered (a) immediately upon being served personally, (b) five (5) calendar days after being deposited with the postal service if served by registered mail, or (c) the following day after being deposited with an overnight courier. <br />17.Time of Essence. Time is of the essence in the execution and performance of this Agreement.No extension or variation of this Agreement will operate as a waiver of this provision. <br />18.Good Faith, Fair Dealing, and Cooperation. The Parties affirmatively represent that they areentering into this Agreement in good faith, complete cooperation, due diligence, and honesty, <br />and with the full and complete intention to uphold the provisions of this Agreement. TheParties agree to deal fairly and cooperate with the other party regarding the purpose of thisAgreement. The Parties must perform their obligations under this Agreement with reasonableskill and diligence and may not intentionally interfere with or prevent the other Party’sperformance of its obligations under this Agreement. The Parties will seek to resolve any <br />dispute arising under or in connection with this Agreement through cooperation. <br />19.No Third-Party Beneficiaries. This Agreement is solely for the benefit of the Parties and theirrespective successors and assigns and shall not be deemed to confer upon third parties anyremedy, claim, liability, or reimbursement, claim of action, or other right. <br />20.Assignment. Watts will not voluntarily, or by operation of law, assign or otherwise transferits obligations under this Agreement without the prior written consent of the Authority. <br />21.Merger. This Agreement constitutes the entire agreement between the Parties. All <br />negotiations and previous agreements or conditions concerning the subject matter of this
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