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56 officers, directors, agents, employees, and members from any and all claims, suits, actions, losses, liabilities, costs, .57 expenses, and damages of whatsoever nature resulting from, arising out of, or relating to the activities of Sponsor 158 or its officers, employees, contractors, or agents under this agreement. 159 160 CONVERSION 161 162 Sponsor further warrants that the land within the project boundary shall be dedicated and used for pazk pr 163 recreation purposes. Sponsor must control or will have control of the land, and Sponsor shall not change the use 164 of, sell, or otherwise dispose of the land within the project boundary except upon approval and consent of tlhe 165 State. 166 167 If the Sponsor converts lands within the project boundary to a use other than park and recreation purposes, pr 168 disposes of such land by sale or•any other means, the Sponsor must provide replacement property of equal pr 169 greater fair market value to that of the converted project land as measured on the date of their conversion qr 170 disposal. This will require appraisals for both the converted and the replacement property. Replacement property 171 will not be approved by the State unless the replacement property has park and recreation utility equivalent to the 172 lands converted or disposed. 173 ' 174 TERM]NATTUN 175 176 Either party, in writing may terminate this agreement in whole or in part, at anytime prior to the expiration date of 177 this agreement. Neither party shall incur any new obligations for the terminated portion of this agreement and 178 shall cancel as many obligations as possible. Full credit shall be allowed far the non-cancelable obligations 179 properly incurred up to the effective date of the termination. The State reserves the right to cancel this agreement "'RO if no progress on the Project is made within one year of the effective date of this agreement. .81 182 The State, upon thirty (30) days written notice to the Sponsor, may modify or terminate this agreement if the Stag 183 fails to receive funding or appropriations, limitations, or other expenditure authority at levels sufficient to pay the 184 allowable costs of the Project to be funded hereunder, or should state law, regulation or guidelines be modified; 185 changed or interpreted in such a way that the Project, or any portion of the Project is no longer eligible for Local 186 Government Grant Program funding. 187 188 REMEDIES 189 190 T11E State shall have any and all rights and remedies available bylaw ~r in equity. 191 192 GENERAL PROVISIONS 193 194 Participation in Similar Activities: This agreement in no way restricts the Sponsor or the State from participating] 195 in similaz activities with other public or private agencies, organizations or individuals. 196 197 Duplicate Payment: The Sponsor shall not be compensated for or receive any form of duplicate, overlapping or' 198 multiple payments for the same work performed under this agreement from any agency of the State of Oregon or, 199 the United States of America or any other party, organization or individual. All Sponsor matching contributions to', 200 this agreement must be used and expended for this project only and within the project period. 201 ' 202 No Third Party Beneficiaries: The State and the Sponsor are the only parties to this agreement and are the only; ~03 parties entitled to enforce its terms. Nothing in this agreement gives, is intended to give, or shall be conshued to' give or provide any benefit or right, whether directly or indirectly, to a third person unless such a third person is t05 individually identified by name herein and expressly described as intended beneficiary of the terms of this 206 agreement. 207 Page 4 of 5