South Bank Path Willamette River Bridge

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OF EUGENE may terminate if federal, state, or local laws, regulations or guidelines are modified or interpreted in such a way that either the work under this agreement is prohibited. The date of the termination shall be no later than the effective date of the change in the law. 3. The CITY OF SPRINGFIELD may, at any time, upon 60 days prior written notice to the CITY OF EUGENE, terminate this Agreement for any reason. However, any such termination shall be without prejudice to any liabilities or obligations of any part already accrued as of receipt of the written notice. CITY OF SPRINGFIELD may terminate if federal, state, or local laws, regulations or guidelines are modified or interpreted in such a way that either the work under this agreement is prohibited. The date of the termination shall be no later than the effective date of the change in the law. 4. To the extent allowed by the Oregon Constitution and the Oregon Revised Statutes, each of the parties hereto agrees to defend, indemnify and save the other harmless from any claims, liability or damages, including attorney fees, arising out of any error, omission or act of negligence on the part of the indemnifying party, its officers, agents or employees in performance of this agreement. In providing the services specified in this agreement (and any associated services) both parties are public bodies and maintain their public body status as specified in ORS 30.260. Both parties understand and acknowledge that each retains all immunities and privileges granted them by the Oregon Tort Claims Act (ORS 30.260 through 30.295) and any and all other statutory rights granted as a result of their status as local public bodies. GENERAL PROVISIONS 1. Persons Not To Benefit. No member of or delegate to Congress, resident commissioner, officer, agent or employee of the United States of America, member of the Oregon 'Legislative Assembly, elected official of the State of Oregon, or official, agent or employee of any political subdivision, municipality or municipal corporation of the State of Oregon shall be admitted to any share or part of this Agreement or derive any financial benefit that may arise therefrom. 2. No Third Party Beneficiaries. CITY OF EUGENE and CITY OF SPRINGFIELD are the only parties to this Agreement and are the only parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, or shall be construed to give or provide any benefit or right, whether directly, indirectly or otherwise, to third persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this Agreement. 3. Successors and Assigns. The provisions of this Agreement shall be binding upon and shall insure to the benefit of CITY OF EUGENE and CITY OF SPRINGFIELD and their respective successors and assigns. 4. Severability. CITY OF EUGENE and CITY OF SPRINGFIELD agree that if any term or provision of this Agreement 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 Agreement did not contain the particular term or provisions held to be invalid.