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<br />HMG_TO16-A13_Long.docxHMG_TO16-A12_Long 6 <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. 16, Amendment 13 Work-In-Kind (WIK) shall <br />be 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. 16, Amendment 13 <br />Work-In-Kind (WIK). For purposes hereof: (i) “electronic signature” means a manually signed original <br />signature that is then transmitted by electronic means or an electronic acknowledgment which provides <br />the signatory the ability to validate and affix a digital signature that is then transmitted by electronic <br />means; and (ii) “transmitted by electronic means” means sent in the form of a facsimile or sent via the <br />internet as a portable document format (“pdf”) or other replicating image attached to an electronic mail <br />or internet message. DRAFT