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AGREEMENT THIS AGREEMENT made between Airborne Custom Spraying, Inc., Halstad, Minnesota, herein referred to as Contractor, and Cass County Government, North Dakota, a municipal coIporation, herein referred to as County. RECITAL Contractor is willing to be retained by County and County of Cass is willing to retain contractor for the puIpose of aerial spraying of pesticides over the County of Cass, North Dakota. Contractor declares that it has sufficient personnel and equipment to effectively spray all areas of the County with chemical pesticides approved for residential spraying. SECTION I. County hereby engages Contractor as an independent contractor, and not as an employee, to conduct aerial spraying of pesticides over the County when directed to do so by the County Vector Director, and Contractor hereby accepts and agrees to such engagement. SECTION II. The tenn of this Agreement shall be June 25, 2004 and tenninating September 30, 2004, subject, however, to prior tennination as hereinafter provided. SECTION III. Contractor shall provide all chemicals and shall be responsible for any and all licenses, pennits, fees, and all other items required of aerial applicators of pesticides.. SECTION IV. All chemicals used by Contractor must be approved by the Environmental Protection Agency, North Dakota State Department of Health and County Vector Director prior to application. Further, all chemicals must be applied according to the manufacturers' label tenus and specifications. SECTION VI. Contractor shall comply with all applicable statutes, ordinances, rules, regulations, and orders of all public agencies and authorities relating to the aerial application of pesticides over residential areas. 1