New Search
i <br />City o EugenelODOT <br />Agree ent No. 21,833 <br />GENE~2AL PROVISIONS <br />1. This Agreement may be terminated by mutual written consent of both parties. <br />ODIOT may terminate this Agreement effective upon delivery of written notice to <br />City, or at such later date as may be established by ODOT, under any of the <br />following conditions: <br />a. f City fails to provide services called for by this Agreement within the <br />ime specified herein or any extension thereof. <br />b. City fails to perform any of the other provisions of this Agreement, or <br />o fails to pursue the work as to endanger performance of this <br />greement in accordance with its terms, and after receipt of written <br />notice from ODOT fails to correct such failures within 10 days or such <br />I~nger period as ODOT may authorize. <br />c. I ODOT fails to receive funding, appropriations, limitations or other <br />xpenditure authority sufficient to allow ODOT, in the exercise of its <br />r asonable administrative discretion, to continue to make payments for <br />erformance of this Agreement. <br />d. Its federal or state laws, regulations or guidelines are modified or <br />interpreted in such a way that either the work under this Agreement is <br />',,, prohibited or if ODOT is prohibited from paying for such work from the <br />punned funding source. <br />Any to nation of this Agreement shall not prejudice any rights or obligations accrued <br />to the p~rties prior to termination. <br />4. 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 />reprs4sentations, oral or written, not specified herein regarding this Agreement. No <br />waiv r, 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 />effec ive only in the specific instance and for the specific purpose given. The failure <br />of O OT to enforce any provision of this Agreement shall not constitute a waiver by <br />ODO~' of that or any other provision. <br />IN WIT ESS WHEREOF, the parties hereto have set their hands and affixed their <br />seals as f the day and year hereinafter written. <br />This Proj ct was approved by the Oregon Transportation Commission on November 17, <br />2003 as a part of the 2004-2007 Statewide Transportation Improvement Program (Key <br /># 10349)' <br />Key no. 10349 4 <br />