05. Memorandum of Understanding for 36th Street
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05. Memorandum of Understanding for 36th Street
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<br />-3- <br />10. Applicant will be solely responsible for all costs and expenses associated with <br />complying with ermit. <br /> <br />11. Applicant will not transfer or assign this Permit, n ghts or <br />obligations under this Permit, without the express written consent of the District. <br />However, the parties recognize and agree that, at some point following <br />Applicant s installation and completion of Applicant s Utilities, the Cass County <br />Highway Department will take ownership of Applicant s Utilities; in that case, <br />Applicant need not obtain the District s consent prior to conveyance of ownership <br />of Applicant s Utilities to the Cass County Highway Department. <br /> <br />12. Applicant will provide reasonable notice to the District in advance of Applicant s <br />commencement of installation of Applicant s Utilities. <br /> <br />13. Applicant will complete construction within one year from the date of the <br /> <br />14. Upon Applic pletion licant <br />will promptly notify the District. Within 60 da <br />Applicant will provide the District with as- <br />The District, in its discretion, may req <br />ensure compliance with this Permit. Applicant will be responsible for the <br />ts associated with the inspection; following an inspection, the <br />District will provide Applicant with notice of costs incurred and Applicant will <br />reimburse the District within 60 days. <br /> <br />15. If Applicant fails to perform a this Permit <br />within a reasonable time following request or demand from the District, the <br />District may perform Appli obligations and may recover its costs incurred <br />by assessing the costs against any property owned by Applicant in North Dakota, <br />by other legal means of collection. <br /> <br />16. The failure or delay of the District to insist on the timely performance of any of <br />the terms of this Permit, or the waiver of any particular breach of any of the terms <br />of this Permit, at any time, will not be construed as a continuing waiver of those <br />terms or any subsequent breach, and all terms will continue and remain in full <br />force and effect as if no forbearance or waiver had occurred. Upon the <br />occurrence of any default by Applicant, the District may, immediately and <br />without the need for any prior notice, declare this Permit void and may otherwise <br />enforce the provisions of this Permit and take any and all other actions necessary, <br />in law or in equity, to collect all amounts due under this Permit or to enforce any <br />tions under this Permit. The remedies provided for in <br />this Permit are cumulative and not exclusive, and are in addition to any and all
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