|
Maple River Water Resource District Cass County
<br />North Dakota Soybean Processors, LLC
<br />Agreement Drain 62 Relocation Page 7
<br />
<br />7. Access; Indemnity. The County, and the County’s employees, contractors, consultants, agents and representatives, may enter upon and access the NDSP Property and the District Property for purposes of the Projects. The County, and the County’s employees, contractors, consultants, agents, and representatives, accept any and all risk regarding entry upon
<br />the NDSP Property and the District Property. The County will release, defend, indemnify, protect,
<br />and hold harmless NDSP, the District and their respective officers, agents, representatives, employees, consultants, and contractors from and against any and all claims, actions, administrative proceedings, judgments, damages, penalties, fines, costs, liabilities, interests, or losses, including costs, expenses, and reasonable attorneys’ fees, to the extent arising out of or
<br />resulting from its installation, construction, operation, maintenance, repair and replacement of the
<br />Projects, including any entry upon, use of, or access in, on, over, across, and through the NDSP Property or the District Property, respectively, by the County or any of its employees, contractors, agents and representatives, including any failure to perform under this Agreement.
<br /> 8. Forbearance and Remedies. The failure or delay of the parties hereto to insist on
<br />the timely performance of any of the terms of this Agreement, or the waiver of any particular breach of any of the terms of this Agreement, at any time, will not be construed as a continuing waiver of those terms or any subsequent breach, and all terms will continue and remain in full force and effect as if no forbearance or waiver had occurred. .
<br />
<br /> 9. Compliance with Laws. The County will comply and will cause its contractors to comply with all applicable laws, ordinances, rules, and regulations of all federal, state, county, and municipal governments, and any other applicable governmental entities or political subdivisions, and their appropriate departments, commissions, boards, and officers, which may be applicable to
<br />the Projects. In addition, the County and its contractors will obtain all other necessary and requisite
<br />licenses, permits, registrations, and/or approvals from all applicable federal, state, county, and municipal governments, and any other applicable governmental entities. 10. Entire Agreement. This Agreement constitutes the entire agreement between the
<br />parties regarding the Projects and all other matters described in this Agreement; this Agreement
<br />supersedes any previous oral or written agreements between the parties. 11. Modifications. Any modifications or amendments of this Agreement must be in writing and signed by both parties to this Agreement.
<br />
<br /> 12. Binding Effect. The covenants, terms, conditions, provisions, and undertakings in this Agreement, or in any amendment, will be binding upon the parties’ successors and assigns.
|