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<br />provided, however, this Agreement shall not supersede the Joint Powers Agreement <br />for Purchasing of which County is a member and which is administered by NDACo. <br /> <br />B. No alteration or amendment of this Agreement shall be effective unless it is in <br />writing, and signed by the parties; provided, however, that ifNDACo presents a new <br />Compensation Schedule to County at least 45 days before the current term of this <br />Agreement is due to expire, and if the term of this Agreement is thereafter renewed, <br />the new Compensation Schedule shall be attached to this Agreement as Exhibit A <br />and shall be effective and govern the parties during the renewed term of this <br />Agreement. <br /> <br />XI. APPLICABLE LAW <br />This Agreement shall be governed by and construed in accordance with the laws ofthe <br />state of North Dakota. <br /> <br />XII. CAPTIONS <br />The captions or headings in this Agreement are for convenience only and in no way <br />define, limit or describe the scope or intent of any provisions of this Agreement. <br /> <br />Xm. EXECUTION AND COUNTERPARTS <br />This Agreement may be executed in several counterparts, each of which shall be an <br />original, all of which shall constitute one and the same instrument. <br /> <br />XIV. NOTICES <br />All notices, certificates or other communications shall be sufficiently given when <br />delivered or mailed, postage prepaid, to the parties at their respective places of business <br />as set forth below or at a place designated hereafter in writing by the parties: <br /> <br />North Dakota Association of Counties <br />PO Box 877 <br />Bismarck ND 58502-0877 <br /> <br />Cass County <br />211 9th Street South <br />Fargo, ND 58106-2806 <br /> <br />XV. ASSIGNMENT <br />This Agreement shall not be assigned or transferred without the express written consent <br />of both parties. <br /> <br />XVI. SUCCESSORS IN INTEREST <br />The provisions ofthe Agreement shall be binding upon and shall inure to the benefit of <br />the parties hereto, their respective successors and permitted assigns. <br /> <br />XVII. FORCE MAJEURE <br />NDACo shall not be held responsible for delay or default caused by fire, riot, acts of God <br />and war and other events that are beyond NDACo's reasonable control, provided <br />reasonable notice, if possible, is given to County of any such delay or default. <br /> <br />3 <br />