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, ~ Eugene/State of Oregon, Department of Transportation <br /> Agreement No. 22, 281 <br /> 10.Agency, as a recipient of federal funds, pursuant to this Agreement with the State, <br /> shall assume sole liability for Agency's breach of any federal statutes, rules, <br /> program requirements and grant provisions applicable to the federal funds, and <br /> shall, upon Agency's breach of any such conditions that requires the State to return <br /> funds to the Federal Highway Administration, hold harmless and indemnify the State <br /> for an amount equal to the funds received under this Agreement; or if legal <br /> limitations apply to the indemnification ability of Agency, the indemnification amount <br /> shall be the maximum amount of funds available for expenditure, including any <br /> available contingency funds or other available non-appropriated funds, up to the <br /> amount received underthis Agreement. <br /> 11.Agency shall enter into and execute this Agreement during a duly authorized <br /> session of its City Council. <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, mod cation 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 speck 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 /> <br /> ~rrr' 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 2004-2007 Statewide Transportation Improvement Program, (Key <br /> #13399) that was approved by the Oregon Transportation Commission on November <br /> 17, 2003. <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-today <br /> operations when the work is related to a project included in the Statewide <br /> Transportation Improvement Program or a line item in the biennial budget approved by <br /> the Commission. <br /> Signature Page to Follow <br /> Key No. 13399 3 <br /> <br />