i. Southeast Cass WRD-access agreement

Southeast Cass Water Resource District Access Agreement Page 3 6. Assienment. Neither party will transfer or assign this Agreement or any of their rights or obligations under this Agreement without the express written consent of the other party. 7. Governine Law. This Agreement will be construed and enforced in accordance with North Dakota law. The parties agree the venue for any litigation arising out of this Agreement will be in District Court in Cass County, North Dakota, and the parties waive any objection to personal jurisdiction. 8. Survival of Aereement. If any court of competent jurisdiction finds any provision or part of this Agreement is invalid, illegal, or unenforceable, that portion will be deemed severed from this Agreement, and all remaining terms and provisions ofthis Agreement will remain binding and enforceable; the parties will reconvene negotiations to arrive, in good faith, at an agreement as to matters remaining undetermined as a result of any finding by a court of competent jurisdiction that any provision or part of this Agreement is invalid, illegal, or unenforceable. 9. Time is of the Essence. Time is of the essence ofthe parties' obligations under this Agreement. 10. Entire Aereement. This Agreement, together wi th any amendments, constitutes the entire agreement between the parties regarding the matters described in this Agreement, and this Agreement 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. 12. Bindine Effect. The covenants, terms, conditions, provisions, and undertakings in this Agreement, or in any amendment, will be binding upon the parties' successors, heirs, representatives, and assigns, including successors in title. 13. Representation. The parties, having been represented by counselor having waived the right to counsel, have carefully read and understand the contents of this Agreement, and agree they have not been influenced by any representations or statements made by any other parties. 14. Headines. Headings in this Agreement are for convenience only and will not be used to interpret or construe its provisions. (Signatures appear on the following pages.)