Amended item
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<br />14. Notices: Any notice which either party mayor is required to give, may be given by <br />mailing the same, postage prepaid, to the Lessee or County at the respective addresses <br />given below, or at such other places as may be designated by the parties in writing from <br />time-to-time, or may be delivcred in person. <br /> <br />County: <br /> <br />1201 Main Avenue West, West Fargo ND <br /> <br />Lessee:Mark Sand & Gravel Company, PO Box 458, Fergus Falls, MN 56538 <br /> <br />15. Binding EfTect: All the provisions hereof shall extend to and be binding upon, and in <br />favor of or against (as the casc may be), the heirs executors, administrators, guardians, <br />assigns and successors in interest of the parties hereto. <br /> <br />16. Severability: If any provision of this Lease should be found invalid or unenforceable, then <br />the rest and remainder ofthe provisions shall remain valid and enforceable. <br /> <br />17. Entire Agreement: This Lease represents the entire agreement between the parties and <br />there are no collateral or oral agreements or undcrstandings and any executory agreement <br />hereafter made shall be made ineffective to change, modify or discharge this lease, in <br />whole or in part, unless such agrcement is in writing and signed by the party against <br />whom enforccment of the change, modification or discharge is sought. <br /> <br />18. Construction: All provisions hereof and words and phrases used herein shall be governed <br />and construed under the laws of the State of North Dakota. <br /> <br />19. Time is of the Essence: Time is ofthe essencc for each term and provision of this lease. <br /> <br />20. Effective Date: Thc effective date of this lease is November 6, 2007, or the day that both <br />of the partics may have signed this agreement. <br /> <br />TN WITNESS WHEREOF, the parties hereto affix their signatures: <br /> <br />Cass County <br /> <br />Lessee <br /> <br />By: Scott Wagner, Chairman <br />Cass County Board of Commission <br /> <br />Lessee <br /> <br />Lessee <br /> <br />Page 301'3 <br />
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