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City of Eugene /State of Oregon -Dept. of Transportation <br />Agreement No. 23750 <br />The parties hereto mutually agree to the terms and conditions set forth in <br />Attachments 1 and 2. In the event of a conflict, this Agreement shall control over <br />the attachments, and Attachment 1 shall control over Attachment 2. <br />9. City, as a recipient of federal funds, pursuant to this Agreement with the State, shall <br />assume sole liability for City's breach of any federal statutes, rules, program <br />requirements and grant provisions applicable to the federal funds, and shall, upon <br />City'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 <br />amount equal to the funds received under this Agreement; or if legal limitations <br />apply to the indemnification ability of City, the indemnification amount shall be the <br />maximum amount of funds available for expenditure, including any available <br />contingency funds or other available non-appropriated funds, up to the amount <br />received under this Agreement. <br />10. City represents that this Agreement is signed by personnel authorized to do so by its <br />City Council. <br />11.This Agreement may be executed in several counterparts (facsimile or otherwise) all <br />of which when taken together shall constitute one agreement binding on all parties, <br />notwithstanding that all parties are not signatories to the same counterpart. Each <br />copy of this Agreement so executed shall constitute an original. <br />12. 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 <br />waiver, consent, modification or change of terms of this Agreement shall bind either <br />party. unless in writing and signed by both parties and all necessary approvals have <br />been obtained. Such waiver, consent, modification or change, if made, shall be <br />effective only in the specific instance and for the specific purpose given. The failure <br />of State to enforce any provision of this Agreement shall not constitute a waiver by <br />State of that or any other provision. <br />IN WITNESS WHEREOF, the parties hereto have set their hands as of the day and <br />year hereinafter written. <br />This Project is in the 2006-2009 Statewide Transportation Improvement Program, (Key <br />#15224) that was approved by the Oregon Transportation Commission on August 17, <br />2005 (or subsequently approved by amendment to the STIP). <br />The Oregon Transportation Commission on June 18, 2003, approved Delegation Order <br />No. 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 <br />biennial budget approved by the Legislature, including activities. to execute a project in <br />the Statewide Transportation Improvement Program. <br />3 <br />