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Judkins Point Interchange (Glenwood) Improvements ' <br /> City of Eugene Comm Deve IGA <br /> Phge 3 of 4 <br /> b) CITY fails to correct or obtain remediation for any construction which is not done in a <br /> good and workmanlike manner; or <br /> c) CITY substantially fails to provide services called for by this agreement within the time <br /> specked herein or any extension thereof; or <br /> d) CITY substantially fails to perform any of the provisions herein, or fails to pursue the work <br /> as to endanger performance of this agreement in accordance with its terms; or <br /> e) COUNTY fails to receive funding, appropriations, limitations or other expenditure <br /> authority at levels sufficient to pay for the work provided in this agreement. <br /> H'iowever, any such termination shall be without prejudice to any liabilities or obligations of any part <br /> already accrued as of receipt of the written notice. The COUNTY may terminate if federal, state, or local <br /> laws, regulations or guidelines are modified or interpreted in such a way that either the work under this <br /> agreement is prohibited or COUNTY is prohibited from paying for such work from the planned funding <br /> spurce. The date of the termination shall be no later than the effective date of the change in the law. <br /> 5. To the extent allowable by the Oregon Constitution and limitations of the Oregon Tort gaims <br /> Act, each of the parties hereto agree to indemnify and save the other harmless from any claims, liability or <br /> damages resulting from any error, omission or act of negligence on the part of the indemnifying party, its <br /> officers, agents or employees relative to the responsibilities of the indemnifying party in performance of <br /> this agreement. <br /> GENERAL PROVISIONS <br /> 1. No Dual Payment. CITY shall not be compensated for, or receive any other form of payment <br /> fc{r, work performed under this Agreement from any agency of the State of Oregon or the United States of <br /> America or any other party. <br /> 2. Persons Not To t3enefd. No member of or delegate to Congress, resident commissioner, <br /> officer, agent or employee of the United States of America, member of the Oregon Legislative Assembly, <br /> elected official of the State of Oregon, or official, agent or employee of any polit'~cal subdivision, <br /> rrlunicipality or muniapal corporation of the State of Oregon shall be admitted to any share or part of this <br /> A~eement or derive any financial benefit that may arise there from. - <br /> 3. ~4 Third Party Beneficiaries. The COUNTY and CITY are the only parties to this Agreement <br /> awld are the only parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, <br /> or shall be construed to give or provide any benefit or right, whether c~irectiy, indirectly or othenMSe, to <br /> third persons unless such third persons are individually identified by name herein and expressly <br /> described as intended beneficiaries of the terms of this Agreement. <br /> 4. Successors and Assigns. The provisions of this Agreement shall be binding upon and shall <br /> irMure to the benefit of the COUNTY and CITY and their respective successors and assigns; provided <br /> however that the CITY may not assign this Agreement or any interest therein without the prior written <br /> consent of the COUNTY, which consent may be withheld for any reason. <br /> 5. Severability._ The COUNTY and CITY agree that ff any term or provision of this Agreerent is <br /> <br /> ' d~dared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the <br /> remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be <br /> construed and enforced as ff the Agreement did not contain the particular term or provisions held. to be <br /> iryvalid. <br /> z <br /> 6. office. Except as othennrise expressly provided in this Agreement, any communications <br /> between the parties hereto or notices to be given hereunder shall be given in writing by personal delivery, <br /> facsimile, or mailing the same, postage prepaid, to the COUNTY or CITY at the address or number set <br /> forth on the signature page of this Agreement, or to such other addresses or numbers as either party may <br /> hereafter indicate pursuant to this Section. Any communication or notice so addressed and mailed shall <br /> <br />