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City of Eugene/ODOT <br />Agreement No. 23,076 <br />3. The federal funding for this Project is contingent upon approval by the FHWA. Any work <br />performed prior to acceptance by FHWA will be considered nonparticipating and paid for <br />at Agency expense. <br />4. The term of this Agreement shall begin on the date all required signatures are obtained <br />and shall terminate upon completion of the Project and final payment or ten calendar <br />years following the date all required signatures are obtained, whichever is sooner. <br />5. This Agreement may be terminated by written consent of both parties. <br />6. State may terminate this Agreement effective upon delivery of written notice to Agency, or <br />at such later date as may be established by State, under any of the following conditions: <br />a. If Agency fails to provide services called for by this Agreement within the time <br />specified herein or any extension thereof. <br />'b. If Agency fails to perform any of the other provisions of this Agreement, or so <br />fails to pursue the work as to endanger performance of this Agreement in <br />accordance with its terms, and after receipt of written notice from State fails <br />to correct such failures within 10 days or such longer period as State may <br />authorize. <br />c. If Agency fails to provide payment of its share of the cost of the Project <br />d. If State fails to receive funding, appropriations, limitations or other <br />expenditure authority sufficient to allow State, in the exercise of its <br />reasonable administrative discretion, to continue to make payments for <br />performance of this Agreement. <br />e. If federal or state laws, regulations or guidelines are modified or interpreted in <br />such a way that either the work under this Agreement is prohibited or if State <br />is prohibited from paying for such work from the planned funding source. <br />7. Any termination of this Agreement shall not prejudice any rights or obligations accrued to <br />the parties prior to termination. <br />8. The Special and Standard Provisions attached hereto, marked Attachments 1 and 2, <br />:respectively, are by this reference made a part hereof. The Standard Provisions apply to <br />all federal-aid projects and may be modified only by the Special Provisions. The parties <br />hereto mutually agree to the terms and conditions set forth in Attachments 1 and 2. In the <br />event of a conflict, this Agreement shall control over the attachments, and Attachment 1 <br />shall control over Attachment 2. <br />9. Agency, as a recipient of federal funds, pursuant to -this Agreement with the State, shall <br />assume sole .liability for Agency's breach of any federal statutes, rules, program <br />Key No. 13404 <br />