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1 <br /> B~keway/Walkway Project Agreement Page 4 <br /> 01/10/03 <br /> final Project costs exceed the original estimate, extra costs shall be home by City; the <br /> maximum amount of State reimbursement is $40,600. If final Project costs are less <br /> than original estimate, State shall deposit with City a final payment in an amount <br /> which, when added to the initial deposit, would equal the State's proportionate share . <br /> of the originally estimated costs, based on a percentage calculated using state share <br /> and local match. <br /> 3. In the event this agreement is terminated for any reason, City shall provide an <br /> itemized statement of the costs and expenses prat to date of terminatan. State shall <br /> reimburse City for its proportional share of these expenses. if any funds are remaining <br /> from the advance deposit, they shall be refunded to State. <br /> 4. State certifies, at the time this agreement is executed, that sufficient funds are <br /> available and authorized for• expenditure to finance costs of this agreement within <br /> State's current appropriation or limitation of current biennial budget. <br /> GENERAL PROVISIONS <br /> 1. City, its contractor, its subcontractors, ffany, and all empoyers working under this <br /> ,rr Agreement are subject employers under the Oregon Workers' Compensation Law and <br /> shall comply with ORS 656.017, which requires them to provide workers' <br /> compensation coverage for all their subject workers, .unless such employers are <br /> exempt under ORS 656.126. City shall ensure that each of its contractors complies <br /> with these requirements. <br /> 2. This agreement may be terminated by mutual consent of both parties. <br /> 3. State may terminate this agreement effective upon delivery of written notice to City, <br /> or at such later date as may be established by State, under any of the folbwing <br /> conditions: <br /> a. If City fails to provide services called for by this agreement within the time <br /> specified herein or any extension thereof. <br /> b. If City faits to pertonn any of the other provisions of this agreement, or so fails to <br /> pursue the work as to endanger perfommance of this agreement in accordance <br /> with its terms, and after receipt of written notice from State fails to oon~ect such ~ . <br /> failures within 10 days or such longer period as. State may authorize. <br /> c. If State fails to receive funding, appropriations, limitations, or other expenditure <br /> authority at levels sufficent to pay for the work provided in this agreement, or~ <br /> <br /> rr following the occurrence of a force majeure that makes State's continued <br /> performance of this contract impracticable <br /> <br />