04-15-2024 Agenda
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04-15-2024 Agenda
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5 <br /> 12. APPLICABLE LAW AND VENUE. This agreement is governed by and construed <br />under the laws of State. Any action to enforce this agreement must be adjudicated <br />exclusively in the District Court of Burleigh County, North Dakota. <br /> <br /> 13. SEVERABILITY. If any term of this agreement is declared by a court having <br />jurisdiction to be illegal or unenforceable, the validity of the remaining terms is unaffected, <br />and if possible, the rights and obligations of the parties are to be construed and enforced <br />as if the agreement did not contain that term. <br /> <br /> 14. SPOLIATION – PRESERVATION OF EVIDENCE. Sponsor agrees to promptly <br />notify Commission of all potential claims that arise or result from this agreement. Sponsor <br />must also take all reasonable steps to preserve all physical evidence and information that <br />may be relevant to the circumstances surrounding a potential claim, while maintaining <br />public safety, and grants to Commission the opportunity to review and inspect the <br />evidence, including the scene of an accident. <br /> <br /> 15. NONDISCRIMINATION. Sponsor agrees to comply with Title VI of the Civil <br />Rights Act of 1964 (42 U.S.C. 2000d et seq.), N.D.C.C. title 34, and all applicable federal <br />and state laws, rules, and policies relating to nondiscrimination, accessibility, and civil <br />rights. <br /> <br /> 16. MERGER AND MODIFICATION. This agreement constitutes the entire <br />agreement between the parties. There are no understandings, agreements, or <br />representations, oral or written, not specified within this agreement. This agreement may <br />not be modified, supplemented, or amended in any manner, except by written agreement <br />signed by both parties. <br /> <br /> <br /> <br />NORTH DAKOTA STATE WATER CITY OF MAPLETON <br />COMMISSION <br />By: By: <br /> <br />______________________________ _____________________________ <br />ANDREA TRAVNICEK, PH.D. ANDREW DRAEGER <br />Secretary Mayor <br /> <br />Date: _________________________ Date: ________________________ 12/18/2023
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