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<br /> Version Oct 13, 2022
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<br />Section 23.05 GRAMMATICAL CONSTRUCTION. Whenever the singular noun is used
<br />herein, the same includes the plural where appropriate, and the words of any gender include any
<br />other gender where appropriate.
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<br />Section 23.06 ASSIGNMENT. No Member Entity may transfer or assign this Agreement
<br />or any of its rights or obligations under this Agreement without the express written consent of all
<br />the other Member Entities.
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<br />Section 23.07 SEVERABILITY AND SAVINGS CLAUSE. Each provision, section, sentence,
<br />clause, phrase, and word of this Agreement is intended to be severable. If any provision, section,
<br />sentence, clause, phrase, and word hereof is held by a court with jurisdiction to be illegal or invalid
<br />for any reason whatsoever, such illegality or invalidity will not affect the validity of the remainder
<br />of this Agreement. Deadlines for certain meetings and other actions, such as the annual meeting,
<br />as set forth in this Agreement are intended to establish a schedule for routine governance of the
<br />Red River Regional Dispatch Center Authority; however, the failure of the Red River
<br />Regional Dispatch Center Authority, its appointed officers, or the RRRDC Authority Board
<br />Members to strictly adhere to such deadlines shall not be construed so as to invalidate the
<br />subsequent legal authority of the Red River Regional Dispatch Center Authority, or its
<br />appointed officers, the RRRDC Authority Board, or the RRRDC Authority Board Members,
<br />nor shall the same support any claim that actions taken by the same are ultra vires or invalid in
<br />any way, so long as such actions are otherwise authorized. Further, the Red River Regional
<br />Dispatch Center Authority is authorized, by motion or resolution, to vary from such deadlines
<br />or schedule as may be necessary or appropriate.
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<br />Section 23.08 FORCE MAJEURE. No Member Entity will be liable to another Member
<br />Entity during any period in which its performance is delayed or prevented, in whole or in part, by
<br />circumstance beyond its reasonable control. Circumstances include, but are not limited to, the
<br />following: act of God (e.g., flood, earthquake, wind), fire, war, act of a public enemy or terrorist,
<br />act of sabotage, strike or other labor dispute, riot, misadventure of the sea, inability to secure
<br />materials and/or transportation, or a restriction imposed by legislation, an order or a rule or
<br />regulation of a governmental entity. If such a circumstance occurs, the Member Entity claiming
<br />the delay must undertake reasonable action to notify the other Member Entity of the same.
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<br />Section 23.09 NEW MEMBERS. Another Governmental Authority may be added to this
<br />Agreement upon the approval of all Member Entities. Once approved, the rights and obligations
<br />of the new member shall be set forth in a written amendment to this Agreement and the new
<br />member shall be fully obligated and bound by the terms of this Agreement, as amended.
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<br />Section 23.10 NOTICE. All notices, certificates or other communications required under
<br />this Agreement will be deemed sufficiently given when delivered or deposited in the United States
<br />mail in certified form with postage fully prepaid and addressed as follows:
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<br /> If to City of Fargo: City Auditor
<br /> City of Fargo
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