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<br />1.2 Headings <br /> <br />The headings, the table of contents and the division ofthis Agreement into Articles and Sections <br />are for convenience of reference only and shall not affect the interpretation of this Agreement. <br /> <br />1.3 Governing Law <br /> <br />This Agreement is governed by and shall be interpreted in accordance with the laws ofthe State <br />of North Dakota. <br /> <br />1.4 Entire Agreement <br /> <br />This Agreement constitutes the entire agreement between the parties and cancels and supersedes <br />any prior agreements, undertakings, declarations and representations, written or oral, in respect <br />of the subject matter of this Agreement. <br /> <br />1.5 Fargo/Cass/West Fargo <br /> <br />To the extent that this agreement refers to both Fargo, Cass and West Fargo (Fargo/CasslWest Fargo), <br />the Company may obtain approval for taking action and for incurring costs and expenses from duly <br />authorized Fargo/Cass/West Fargo representatives as such authority may be granted under the <br />Fargo/Cass/West Fargo Agreements, and such approval shall also be binding upon the County of Casso <br />To the extent this agreement authorizes Fargo/CasslWest Fargo to terminate this agreement, <br />termination shall occur upon determination of either Fargo/Cass/West Fargo, <br /> <br />ARTICLE 2 <br />Basic Terms and Services <br /> <br />2.1 Provisions of Basic Services <br /> <br />The Company agrees to provide Fargo/CasslWest Fargo with the following Basic Services: <br /> <br />(a) provision of an answering service staffed 24 hours per day, every day of the year; <br /> <br />(b) provide a full-time coordinator/technician capable of providing Emergency Response <br />Services to Fargo/Cass/West Fargo at all times for the Territory; <br /> <br />(c) be capable at all times of activating additional personnel and equipment from other <br />resource centers in the event Fargo/Cass/West Fargo requests Emergency Response <br />Services; <br /> <br />(d) ensure that all personnel who may be called upon to provide Fargo/CasslW est Fargo <br />with Emergency Response Services have current OSHA training and certification; <br /> <br />(e) evaluate spill/incident from the environmental side and provide recommendations to <br />minimize environmental damage; <br /> <br />-3- <br /> <br />C:\Documents and Settings\worden\Local Settings\Temporary Internet Files\OLK658\Emergency Response Services Agreement.doc <br />