04. Updated Forest Mitigation Agreement with the Metro Flood Diversion Authority
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04. Updated Forest Mitigation Agreement with the Metro Flood Diversion Authority
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<br />8 <br /> <br />Section 8.04 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, or word hereof is held by a court of competent jurisdiction to be illegal <br />or invalid for any reason whatsoever, such illegality or invalidity will not affect the validity of the <br />remainder of this Agreement. <br /> <br />Section 8.05 FORCE MAJEURE. No Party will be liable to another Party during any <br />period in which its performance is delayed or prevented, in whole or in part, by circumstances <br />beyond its reasonable control. Circumstances include, but are not limited to, the following: act of <br />God (e.g., flood, earthquake, wind), fire, war, act of a public enemy or terrorist, act of sabotage, <br />strike or other labor dispute, riot, misadventure of the sea, inability to secure materials and/or <br />transportation, or a 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 must undertake <br />reasonable action to notify the other Parties of the same. <br /> <br />Section 8.06 AUTHORIZED REPRESENTATIVES. The Authority and the County hereby <br />designate the following individuals as their initial authorized representatives, respectively, to <br />administer this Agreement on their respective behalf: <br /> <br />(a) Authority Representative: Jodi Smith, Director of Lands <br /> <br />(b) County Representative: Jason Benson, County Engineer <br /> <br />Section 8.07 NOTICE. <br /> <br />(a) All notices under the Agreement will be in writing and: (i) delivered personally; <br />(ii) sent by certified mail, return receipt requested; (iii) sent by a recognized overnight mail or <br />courier service, with delivery receipt requested; or (iv) sent by email communication followed by <br />a hard copy, to the following addresses. <br /> <br />(b) All notices to the Authority will be marked as regarding forest mitigation and will <br />be delivered to the following address or as otherwise directed by the Authority Representative: <br /> <br />4784 Amber Valley Parkway South, Suite 100 <br />Fargo, North Dakota 58104 <br /> <br />(c) All notices to the County will be marked as regarding forest mitigation and will be <br />delivered to the following address or as otherwise directed by the County Representative: <br /> <br />1201 Main Avenue West <br />West Fargo, North Dakota 58078 <br /> <br />(d) Notices will be deemed received when actually received in the office of the <br />addressee (or by the addressee if personally delivered) or when delivery is refused, as shown on <br />the receipt of the U.S. Postal Service, private courier, or other person making the delivery.
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