North Dakota Code § 41-02-22

(2-305) Open price term
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1. The parties if they so intend can conclude a contract for sale even though the price is 
not settled. In such a case, the price is a reasonable price at the time for delivery if:
a. Nothing is said as to price;
b. The price is left to be agreed by the parties and they fail to agree; or

c. The price is to be fixed in terms of some agreed market or other standard as set 
or recorded by a third person or agency and it is not so set or recorded.
2. A price to be fixed by the seller or by the buyer means a price for that party to fix in 
good faith.
3. When a price left to be fixed otherwise than by agreement of the parties fails to be 
fixed through fault of one party, the other party may, at that party's option, treat the 
contract as canceled or fix a reasonable price.
4. If, however, the parties intend not to be bound unless the price be fixed or agreed and 
it is not fixed or agreed, there is no contract. In such a case, the buyer must return any 
goods already received or, if unable so to do, must pay their reasonable value at the 
time of delivery and the seller must return any portion of the price paid on account.

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