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<br />HMG_TO01-A16_Long.docxHMG_TO01-A15_Long 5 <br /> <br />10. Terms and Conditions: Execution of this Task Order by Owner and Engineer shall make it subject to the <br />terms and conditions of the Agreement (as modified above), which Agreement is incorporated by this <br />reference. Engineer is authorized to begin performance upon its receipt of a copy of this Task Order <br />signed by Owner. <br />11. Electronic Signatures. Fargo-Moorhead Flood Diversion Authority and Houston-Moore Group, LLC, <br />agrees that the electronic signature to this Task Order No. 26, Amendment 4 Work-In-Kind (WIK) shall be <br />as valid as an original signature of Fargo-Moorhead Flood Diversion Authority and Houston-Moore <br />Group, LLC and shall be effective to bind the signatories to this Task Order No. 26, Amendment 4 Work- <br />In-Kind (WIK). For purposes hereof: (i) “electronic signature” means a manually signed original signature <br />that is then transmitted by electronic means or an electronic acknowledgment which provides the <br />signatory the ability to validate and affix a digital signature that is then transmitted by electronic means; <br />and (ii) “transmitted by electronic means” means sent in the form of a facsimile or sent via the internet as <br />a portable document format (“pdf”) or other replicating image attached to an electronic mail or internet <br />message. <br />9.12. <br /> <br />The Effective Date of this Task Order is March 8, 2012. <br />ENGINEER: OWNER: <br />Houston-Moore Group, LLC Fargo-Moorhead Metro Diversion Authority <br /> <br />Signature Date Signature Date <br />Jeffry J. Volk Joel Paulsen <br />Name Name <br />President Executive Director <br />Title Title <br />DESIGNATED REPRESENTATIVE FOR <br />TASK ORDER: <br /> DESIGNATED REPRESENTATIVE FOR <br />TASK ORDER: <br />C. Gregg Thielman Nathan Boerboom <br />Name Name <br />Sr. Project Manager Diversion Authority Project Manager, City of Fargo <br />Title Title <br />925 10th Avenue East <br />West Fargo, ND 58078 <br /> 225 4th Street North <br />Fargo, ND 58102 <br />Address Address <br />cgthielman@houstoneng.com nboerboom@cityoffargo.com <br />E-Mail Address E-Mail Address <br />(701) 237-5065 701) 476-6743 <br />Phone Phone <br /> <br />Fax Fax <br /> <br /> DRAFT