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  <br />33 <br />  Version Oct 13, 2022 <br />take any action necessary to make rebate payments that may be required under the Code and <br />related U.S. treasury regulations. <br />  <br />Section 11.11 CITY OF WEST FARGO TO MAINTAIN TAX EXEMPT STATUS. The City of <br />West Fargo covenants and agrees that it will not take or permit any of its officers, employees, or <br />agents to take any action which would cause the interest payable in connection with the Debt <br />Obligations to become subject to taxation under the Code, as now existing or as hereinafter <br />amended or proposed or in effect at the time of such action, or otherwise cause the Debt <br />Obligations to be treated as private activity bonds. The City of West Fargo agrees to monitor and <br />take any action necessary to make rebate payments that may be required under the Code and <br />related U.S. treasury regulations. <br />  <br />ARTICLE XII. <br />DISPATCH CENTER PROCEDURES AND COST SHARE <br /> <br />Section 12.01 INTENT. The Member Entities agree and acknowledge that the following <br />general procedures will govern the bidding, contracting and payment procedures for any projects. <br /> <br />Section 12.02 NORTH DAKOTA AND MINNESOTA MEMBER ENTITY ALLOCATION. The <br />North Dakota Member Entities are authorized to enter into a separate, subordinate agreement as <br />between the North Dakota Member Entities to allocate the Dispatch Center costs herein <br />allocated to the North Dakota Member Entities pursuant to Sections 12.03, 12.04 12.05 or 12.06 <br />of this Agreement. The Minnesota Member Entities are authorized to enter into a separate, <br />subordinate agreement as between the Minnesota Member Entities to allocate the Dispatch <br />Center costs herein allocated to the Minnesota Member Entities pursuant to Section 12.03, <br />12.04, 12.05 or 12.06 of this Agreement. Any sub-agreements and the rights of the Member <br />Entities thereunder, entered into by the Member Entities pursuant to this Section, shall be <br />subordinate to the rights created under this Agreement. <br />Section 12.03 COST SHARE – NEW WORLD MAINTENANCE AND LICENSE FEES. The costs <br />associated with the Software Maintenance Agreement and ongoing license fees will be pro-rated <br />between Fargo, West Fargo, Moorhead, Cass County and Clay County based on the cost-share <br />formula as follows, said formula having been agreed-to and established by the Sixth Amendment <br />to the JPA (See generally, Exhibit A): <br />(a) Fargo – 36.65% <br />(b) Moorhead – 17.68% <br />(c) Cass County – 18.42% <br />(d) Clay County – 15.84% <br />(e) West Fargo – 11.42% <br />