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8NRG TECHNOLOGY SERVICES providing technical support services in accordance with this Agreement, (2) with CLIENT's written consent, (3) as authorized or required by law, or (4) to the extent such information, files or data are published or generally known. All CLIENT generated information, files or data remains the property of the CLIENT and NRG will provide access and/or disclose all such data back to the CLIENT in the normal course of business. Requests for NRG to mine and/or access CLIENT generated data outside of the normal scope of NRG's support role will be provided within a reasonable time frame, upon written request and in accordance with NRG's administrative policy. XII. SUPERSESSION AND MODIFICATION A. This Agreement and its exhibits constitute the entire agreement between NRG and CLIENT with respect to the subject matter hereof, and all prior Technical Support Services Agreements, Purchase of Service Agreements, and all other previous oral or written negotiations, representations, agreements and understandings between NRG and CLIENT regarding the subject matter hereof are expressly superseded. B. No alteration or amendment of this Agreement shall be effective unless it is in writing and signed by the parties; provided, however, that if NRG presents a new Compensation Schedule to CLIENT at least 30 days before the current term of this Agreement is due to expire, and if the term of this Agreement is thereafter renewed, the new Compensation Schedule shall be attached to this Agreement as Exhibit A and shall be effective and govern the parties during the renewed term of this Agreement. XIII. APPLICABLE LAW This Agreement shall be governed by and construed in accordance with the laws of the state of North Dakota. XIV. CAPTIONS The captions or headings in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions of this Agreement. XV. EXECUTION AND COUNTERPARTS This Agreement may be executed in several counterparts, each of which shall be an original, all of which shall constitute one and the same instrument. XVI. NOTICES All notices, certificates or other communications shall be sufficiently given when delivered or mailed, postage prepaid, to the parties at their respective places of business as set forth below or at a place designated hereafter in writing by the parties: NDACo Resources Group, Inc. 1661 Capitol Way, Suite 102 PO Box 877 Bismarck NO 58502-0877 Cass County 211 9th Street South, PO Box 2806 Fargo, NO 58108-2806 XVII. ASSIGNMENT This Agreement shall not be assigned or transferred without the express written consent of both parties. However, NRG reserves the right to assign any or all of this agreement to the North Dakota Association of Counties (NDACo) NRG's parent company, without the approval of CLIENT. XVIII. SUCCESSORS IN INTEREST The provisions of the Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors and permitted assigns. XIX. FORCE MAJEURE NRG shall not be held responsible for delay or default caused by fire, riot, acts of God and war and other events that are beyond NRG's reasonable control, provided reasonable notice, if possible, is given to CLIENT of any such delay or default. 1661 Capitol Way, Suite 102 - Bismarck, ND 58501-701.250.9400