persons 55 years of age or older at the time of annexation until this <br />Agreement terminates. The City will extend those fee concessions for <br />use of the Emerald Park Facility to other residents of the City who are <br />55 years of age or older at the time of annexation. <br />4. Term If annexation of the River Road area has not occurred by <br />June 30, 1996, this Agreement shall expire at that time. Should annexation <br />occur by then, this Agreement shall terminate three years after annexation. <br />5. Enforceability This Agreement may be enforced only by the City of <br />Eugene, a majority of the members of the Board of Directors of the River Road <br />Park and Recreation District during their term in office, and a majority of <br />future members of the Transition Committee appointed under Paragraph 2.1 <br />above. No third -party beneficiary rights are created by this Agreement. <br />6. Assignment and Modification. This Agreement may not be assigned by <br />either party without the prior written consent of the other. Any modification <br />shall be in writing. No change in the character or extent of the obligations <br />of the parties shall be made except by prior written agreement between the <br />City and the District Board, or upon dissolution of the District Board, <br />between the City and the Transition Committee. <br />7. Duty of Good Faith and Fair Dealing. Each party owes to the other a <br />duty of good faith and fair dealing. The District Board shall develop future <br />budgets using standards it has used in the past in the enactment of budgets. <br />Each party pledges to negotiate in good faith any modifications to this <br />Agreement needed because of unanticipated circumstances or changes in <br />condi ti.ons,. <br />$:._ Ziscl.aimer of Warranties of Representations. The City and District <br />makes this Agreement only to the extent allowed by law. No warranty, express <br />or implied, of the authority of the City or District to abide by this <br />INTERGOVERNMENTAL AGREEMENT - -6 <br />