d. Contract approval
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d. Contract approval
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<br />AGREEMENT TO INDEMNU'Y <br />IN SUPPORT OF DRAINAGE APPLICATION <br /> <br />THIS AGREEMENT, Made and entered into this day of <br />20_, by and between Cass County, a North Dakota political subdivision with a post office <br />address of P.O. Box 2806, Fargo, North Dakota 58108-2~06 (the "CountY"l, and the Maple River <br />Water Resource District, a North Dakota political subdivision with a post uJ1ice address of 1201 <br />Main Avenue West, West Fargo, North Dakota 58078-1301 (the "DistricCl <br /> <br />FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of <br />which the County acknowledges, the County agrees as follows: <br /> <br />The County submitted an application for a permit to drain. Drain Application No. <br />~ I ~ 'i dated}\.0':j ~~. .;)C'C 'Cc (the "Application"), to the North Dakota State <br />Engineer's Office in accordance with Chapter 61-32 of the North Dakota Century Code and <br />Chapter 89-02-0 I of the North Dakota Administrative Code. The Application is now before the <br />District for its consideration in accordance with the chapters described above. <br /> <br />The County is entering into this Agreement and makes the representations contained in <br />this Agreement in conjunction with, and in support of, the Application. <br /> <br />The County acknowledges receipt of the attached form which contains an eight-point <br />questionnaire in accordance with Section ~9-02-0 1-09.2 of the NOIth Dakota Administrative <br />Code. The County acknowledges it must complete this Agreement and submit answers to the <br />eight-point questionnaire as a condition to the Application and any permit approved by the <br />District. The County certifies the statements contained in this Agreement, in the Application, <br />and in the County's answers to the eight-point questionnaire are all true and correct. <br /> <br />The County certifies it either owns all of the real property on which the drainage project <br />described in the Application will be located. or it has acquired the requisite easements or other <br />pennission from the relevant landowners to construct the drainage project. <br /> <br />The County agrees to indemnify, save. release. and hold harmless the District, its officers, <br />employees. agents, representatives, and contractors from all liabilities. claims. actions, suits, <br />demands, claims for relief, assertions of rights. settlements, and/or judgments, including any <br />costs, expenses, and attorneys' fees that might arise out of: or are a result of. the assertions <br />provided by the County in this Agreement. in the Application. or in its answers to the eight-point <br />questionnaire, or that might arise out of. or are a result of. the drainage project described in the <br />Application, except for claims arising out orthe District's sole negligence. The County also <br />agrees to indemnify, save, release, and hold the District harmless for all costs, disbursements, and <br />attorneys' fees incurred in establishing and litigating the indemnification coverage provided in <br />this Agreement. <br /> <br />The County agrees the terms of this Agreement are contractual and not mere recitals. <br /> <br />''Hil~,,' r <br />
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