Draft Contract For Private Entities (Page 4 of 5) in pdf

Contract __________

Page 4

North Dakota.

14.

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.

15.

Execution and Counterparts

This agreement may be executed in several counterparts, each of which shall be an original, all

of which shall constitute but one and the same instrument.

16.

Amendments

The terms of this agreement shall not be waived, altered, modified, supplemented, or amended,

in any manner whatsoever, except by written instrument signed by the parties.

17.

Notices

All notices, certificates or other communic ations 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.

Industrial Commission of North Dakota

_____________________________________

State Capitol, Fourteenth Floor

_____________________________________

600 E Boulevard Ave Dept 405

_____________________________________

Bismarck, ND 58505-0840

_____________________________________

18.

Successors in Interest

The provisions of this agreement shall be binding upon and shall inure to the benefit of the

parties hereto, and their respective successors and assigns.

19.

Attorney Fees

In the event a lawsuit of any kind is instituted on behalf of the state to collect any payment due

under this contract, Contractor agrees to pay such additional sums as the court may adjudge for

reasonable attorney fees and to pay all costs and disbursements incurred therein.

20.

Severability

The parties agree that if any term or provision of this contract is declared by a court of

competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms

and provisions shall not be affected, and the rights and obligations of the parties shall be

construed and enforced as if the contract did not contain the particular term or provision held to

be invalid.

21.

Waiver

The failure of the state to enforce any provisions of this contract shall not constitute a waiver by

the state of that or any other provision.

22.

Merger Clause

This agreement constitutes the entire agreement between the parties. No waiver, consent,

modification or change of terms of this agreement shall bind either party unless in writing and

signed by both parties. Such waiver, consent, modification or change, if made, shall be

effective only in the specific instance and for the specific purpose given.

There are no

understandings, agreements, or representations, oral or written, not specified herein regarding

Draft Contract For Private Entities Page 4

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