03c. Agreement with the Cities of Fargo and West Fargo for 52nd Avenue South
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03c. Agreement with the Cities of Fargo and West Fargo for 52nd Avenue South
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- 5 - <br /> <br /> <br />15. Previous Agreements Superseded. This Agreement supersedes any previous <br />agreement between any of the parties hereto regarding the items addressed herein. <br /> <br />16. Written Amendment Required. No amendment, modification, or waiver of any <br />condition, provision or term will be valid or of any effect unless made in writing <br />signed by the party or parties to be bound, or a duly authorized representative, and <br />specifying with particularity the extent and nature of such amendment, <br />modification or waiver. Any waiver by any party of any default of another party <br />will not affect or impair any right arising from any subsequent default. Except as <br />expressly and specifically stated otherwise, nothing herein will limit the remedies <br />and rights of the parties thereto under and pursuant to this Agreement. <br /> <br />17. Grammatical Construction. Whenever the singular number is used herein, the <br />same includes the plural where appropriate, and the words of any gender include <br />any other genders where appropriate. <br /> <br />18. Default. Upon the occurrence of any non-performance of any party’s obligations <br />under this Agreement which has not been cured within thirty (30) days after <br />notice to the breaching party, a non-breaching party may take any one or more of <br />the following remedial steps: (a) terminate this Agreement; (b) suspend the non- <br />breaching party’s performance under this Agreement until it receives assurances <br />from the breaching party satisfactory to the non-breaching party that the <br />breaching party will cure such Event of Default and perform its obligations under <br />this Agreement; (c) commence legal or administrative proceedings for the <br />collection of any amounts due hereunder or the enforcement of any covenant, <br />agreement or obligation of the breaching party. <br /> <br />19. Severability Clause. Each provision, section, sentence, clause, phrase, and word <br />of this Agreement is intended to be severable. If any provision, section, sentence, <br />clause, phrase, and word hereof is held by a court with jurisdiction to be illegal or <br />invalid for any reason whatsoever, such illegality or invalidity will not affect the <br />validity of the remainder of this Agreement. <br /> <br />20. Force Majeure. No party will be liable to any other party during any period in <br />which its performance is delayed or prevented, in whole or in part, by <br />circumstance beyond its reasonable control. Circumstances include, but are not <br />limited to, the following: act of God (e.g., flood, earthquake, wind), fire, war, act <br />of a public enemy or terrorist, act of sabotage, strike or other labor dispute, riot, <br />misadventure of the sea, inability to secure materials and/or transportation, or a <br />restriction imposed by legislation, an order or a rule or regulation of a <br />governmental entity. If such a circumstance occurs, the party claiming the delay <br />must undertake reasonable action to notify the other party of the same. <br /> <br />21. Notice. All notices, certificates or other communications required under this <br />Agreement will be deemed sufficiently given when delivered or deposited in the
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