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City of Eugene/ODOT <br />Agreement No. 23,076 <br />requirements and -grant provisions applicable to the federal funds, and shall, upon <br />Agency's breach of any such conditions that requires the State to return funds to the <br />Federal Highway Administration, hold. harmless and indemnify the State for an amount <br />equal to the funds received .under this Agreement; or if legal limitations apply to the <br />indemnification ability of Agency, the indemnification amount shall be the maximum <br />amount of funds available for expenditure, including any available contingency funds or <br />other available non-appropriated funds, up to the amount received under this Agreement. <br />10.Agency shall enter into and execute this Agreement during a duly authorized session of <br />its City Council <br />11.This Agreement and attached exhibits constitute the entire agreement between the <br />parties on the subject matter hereof. There are no understandings, agreements, or <br />representations, oral or written, not .specified herein regarding this Agreement. No waiver, <br />consent, modification or change of terms of this Agreement shall bind either party unless <br />in writing and signed by both .parties and all necessary approvals have been obtained. <br />Such waiver, consent, modification or change, if made, shall be effective only in the <br />specific instance and for the specific purpose given. The failure of State to enforce any <br />provision of this Agreement shall not constitute a waiver by State of that or any other <br />provision. <br />IN WITNESS WHEREOF, the parties hereto have set their hands as of the day and year <br />hereinafter written. <br />This Project is in the 2006-2009 Statewide Transportation Improvement Program, (Key No. <br />13404) that was approved by the Oregon Transportation Commission on August 17, 2005. <br />The Oregon Transportation Commission on June 18, 2003, approved Delegation Order No. <br />2, which authorizes the Director to approve and execute agreements for day-to-day <br />operations.. Day-to-day operations include those activities required to implement the biennial <br />budget approved by the Legislature, including activities to execute a project in the Statewide <br />Transportation Improvement Program. <br />Signature Page to Follow <br /> <br />Key No. 13404 <br />