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<br />X. SUPERSESSION AND MODIFICATION <br />A. This Agreement and its exhibits constitute the entire agreement between NDACo <br />and Client with respect to the subject matter hereof, and all prior Technical <br />Support Services Agreements, Purchase of Service Agreements, and all other <br />previous oral or written negotiations, representations, agreements and <br />understandings between NDACo and Client regarding the subject matter hereof <br />are expressly superseded; provided, however, this Agreement shall not supersede <br />any previous Joint Powers Agreements for Purchasing between Client and <br />NDACo. <br /> <br />B. No alteration or amendment of this Agreement shall be effective unless it is in <br />writing, and signed by the parties; provided, however, that if NDACo presents a <br />new Compensation Schedule to County at least 45 days before the current term of <br />this Agreement is due to expire, and if the term of this Agreement is thereafter <br />renewed, the new Compensation Schedule shall be attached to this Agreement as <br />Exhibit A and shall be effective and govern the parties during the renewed term of <br />this Agreement. <br /> <br />XI. APPLICABLE LAW <br />This Agreement shall be governed by and construed in accordance with the laws of the <br />state of North Dakota. <br /> <br />XII. CAPTIONS <br />The captions or headings in this Agreement are for convenience only and in no way <br />define, limit or describe the scope or intent of any provisions of this Agreement. <br /> <br />XIII. EXECUTION AND COUNTERPARTS <br />This Agreement may be executed in several counterparts, each of which shall be an <br />original, all of which shall constitute one and the same instrument. <br /> <br />XIV. NOTICES <br />All notices, certificates or other communications shall be sufficiently given when <br />delivered or mailed, postage prepaid, to the parties at their respective places of business <br />as set forth below or at a place designated hereafter in writing by the parties: <br /> <br />North Dakota Association of Counties <br />PO Box 877 <br />Bismarck ND 58502-0877 <br /> <br />Cass County <br />PO Box 2806 <br />Fargo ND 58108-2806 <br /> <br />XV. ASSIGNMENT <br />NDACo reserves the right to transfer and/or assign part or all of this Agreement to its <br />subsidiary NRG without prior approval from client. Other then outlined above, this <br />Agreement shall not be assigned or transferred without the express written consent of <br />both parties. <br /> <br />XVI. SUCCESSORS IN INTEREST <br /> <br />3 <br />