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- 4 - <br /> <br />1, 2023. The remaining amount will be paid to the City of Fargo following <br />certification of costs. <br /> <br />9. Processing of Pay Requests and Change Orders. The Construction <br />Administration Consultant will approve contractor payments from the NDDOT. <br />The NDDOT will then invoice the City of Fargo for the local share of the <br />contractor payments. The City of Fargo will invoice the City of West Fargo the <br />contractor expenses incurred in the responsible bid items. <br /> <br />10. Final Punch List. The City of West Fargo and the City of Fargo will coordinate <br />with respect to developing a final punch list. <br /> <br />11. Right of Way. This Project required the acquisition of both temporary <br />construction easements and permanent right of way; as such, each party will be <br />responsible for acquisition of right of way within that party’s jurisdiction. The <br />costs of acquiring property will be the sole responsibility of the party responsible <br />for the property acquisition. <br /> <br />12. No Stacking of Claims Permitted. For the purposes of N.D.C.C. § 32-12.1-03 the <br />employees and officers of a party are deemed to be employees of that party. <br />Under no circumstances shall a party, irrespective of whether it may have waived <br />the limit on liability set forth in N.D.C.C. § 32-12.1-03, be required to pay on <br />behalf of itself or the other party, any amounts in excess of the limits on liability <br />established in N.D.C.C. § 32-12.1-03 applicable to any one party. The limits of <br />liability for some or all of the parties may not be added together to determine the <br />maximum amount of liability for each party. <br /> <br />13. Waiver of Jury Trial/Venue/Selection. FARGO AND WEST FARGO HEREBY <br />KNOWINGLY, IRREVOCABLY, VOLUNTARILY AND INTENTIONALLY <br />WAIVE ANY RIGHTS EITHER MAY HAVE TO A TRIAL BY JURY IN <br />RESPECT OF ANY ACTION, PROCEEDING, COUNTERCLAIM OR <br />DEFENSE BASED ON THIS CONTRACT, OR IN ARISING OUT OF, <br />UNDER OR IN ANY CONNECTION WITH THIS CONTRACT, OR ANY <br />COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS <br />(WHETHER ORAL OR WRITTEN) OR ACTIONS OF ANY PARTY HERETO <br />RELATING TO THIS CONTRACT. THIS PROVISION IS A MATERIAL <br />INDUCEMENT FOR FARGO AND WEST FARGO ENTERING INTO THIS <br />CONTRACT. THE PARTIES STIPULATE AND AGREE THAT THE <br />DISTRICT COURT OF CASS COUNTY, NORTH DAKOTA, SHALL BE THE <br />SOLE AND EXCLUSIVE VENUE FOR ANY LAWSUIT PERTAINING TO <br />THIS CONTRACT AND CONSENT TO THE PERSONAL JURISDICTION IN <br />SAID COURT IN THE EVENT OF ANY SUCH LAWSUIT. <br /> <br />14. Merger Clause. This Agreement constitutes the entire agreement by and between <br />the parties, and any other prior representations or agreements are deemed merged <br />herein, and those not specified herein do not represent any agreements or <br />promises or covenants or representations on the part of either party hereto.