e. Contract approval - Laserfiche WebLink

Upon execution of this Agreement by all parties, each party shall submit its respective share of cost participation described above to the District. The District shall utilize the parties' cost participation funds for purposes of the Project, and shall distribute funds to contractors and other parties for purposes of the Project in accordance with all applicable contracts. If there are any excess funds remaining at the conclusion of the Project, the District shall distribute the remaining funds to the parties in proportion to each party's respective cost participation under this Agreement. 3. Excess Costs. The parties agree if the estimated total cost of the Project following bid openings regarding a construction contract exceeds $640,000.00, the District shall not award any contracts regarding the Project until the parties enter into an acceptable amendment to this Agreement regarding the parties' additional cost participation obligations. If the parties fail to enter into an acceptable amendment within a reasonable time and the District concludes the parties are at an impasse regarding further funding, the District shall pay all costs incurred by the District and shall return the remaining funds to the parties in proportion to each party's respective cost participation under this Agreement. If the estimated total cost of the Project following bid openings regarding a construction contract is less than $640,000.00, and the District awards a contract in accordance with this Agreement, and the actual costs ofthe Project exceed $640,000.00, the parties shall submit funds to the District to cover the excess costs in proportion to each party's respective cost participation under this Agreement. 4. Ri2ht of Way. If the District determines acquisition of additional right of way from any of the parties to this Agreement is necessary for purposes of the Project, the parties agree they shall grant all necessary temporary and permanent easements to the District without any cost to the District or to the Project. 5. Severability. If any Court of competent jurisdiction declares any provision or part of this Agreement to be invalid or unenforceable, all remaining terms and provisions of this Agreement shall remain binding and enforceable. 6. Successors. This Agreement shall be binding upon, and extend to, the parties and their respective successors and assigns. 7. Applicable Law. This Agreement shall be construed in accordance with and governed by the laws of North Dakota. 8. Amendments. This Agreement may not be changed orally, but only by an agreement in writing and signed by all parties to this Agreement. 9. Headines. Headings in this Agreement are for convenience only and shall not be used to interpret or construe its provisions. 2