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Eugene/State of Oregon, Department of Transportation <br /> Agreement No. 22, 281 <br /> 3. The federal funding for this Project is contingent upon approval by the FHWA. Any <br /> work performed prior to acceptance by FHWA will be considered nonparticipating <br /> and paid for at Agency expense. <br /> 4. The term of this Agreement shall begin on the date all required signatures are <br /> obtained and shall terminate upon completion of the Project and final payment or <br /> ten calendar years following the date all required signatures are obtained, whichever <br /> is sooner. <br /> 5. This Agreement may be terminated by mutual written consent of both parties. <br /> 6. State may terminate this Agreement effective upon delivery of written notice to <br /> Agency, or at such later date as may be established by State, under any of the <br /> following conditions: <br /> a. If Agency fails to provide services called for by this Agreement within the <br /> time specified herein or any extension thereof. <br /> b. If Agency fails to perform any of the other provisions of this Agreement, <br /> or so fails to pursue the work as to endanger performance of this <br /> Agreement in accordance with its terms, and after receipt of written <br /> notice from State fails to correct such failures within 10 days or such <br /> longer period as State may 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 is <br /> prohibited from paying for such work from the planned funding source. <br /> 8. Any termination of this Agreement shall not prejudice any rights or obligations <br /> accrued to the parties prior to termination. <br /> 9. 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 <br /> apply to all federal-aid projects and may be modified only by the Special Provisions. <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 /> Key No. 13399 2 <br /> <br /> . _ ~ . <br /> <br />