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t Bikeway/Wal ay Project Agreement Page 5 01/10/03 d. if fed ral or state laws, regulations, or guidelines are modified or interpreted in such way that either the work under this agreement is prohibited or if State is prohi ited from paying for such work from the planned funding sources. - Any to ination of this agreement shall not prejudice any rights or obligations accreted the parties prior to termination. 4. If, at any 'me within flue years of the completion of the Project, City fails to maintain the facif in accordance with the temps of this agreement, State, at its option, may maintain the facility and bill City, seek an injunction to enforce the duties and obligatio s mf this agreement, or take any other action allowed by law. 5. State, th Secretary of State's Office of the State of Oregon, the federal government, and the' duly authorized representatives shall have access to the books, docume s, papers, and records of City which are directly pertinent to the specific agreem t for the purpose of making audit, examination, excerpts, and transcripts for a pe ' of three years after final payment. Copies of applicable records shall be made av ilable upon request. Payment for costs of copies is reimbursable by State. 6. This ag ment and attached exhibits constitute the entire agreement between the parties o the subject matter hereof. There are no understaixtings, agreements, or represen dohs, oral or written, not specified herein regarding this agreement. No - waiver, resent, modification or change of temps of this agreement shall bind either party unl ss in writing and signed by both parties and all necessary State approvals - have obtained. Such waiver, consent, modification or change, if made, shall be effective hly in the specific instance and for the specific purpose given. The failure of a party f enforce any provisron of this agreement shall not constitute a waiver by a party of at or any other provision. !N WITNES VWI-IEREOF, the parties hereto have set their hands and affixed their seals as of the da and year hereinafter written. The Orego Transportation Commission approved this Project on February 1, 2000 as part of the fiscal Year 2002-2003 Local Assistance Bicycle and Pedestrian Program. The funds a e included in the Statewide Programs Section of the 2000-2003 Statewide Transporta ' n Improvement Program (STIP). The Orego Transportation Commission on January 16, 2002, approved Delegation . Order No. 2 which authorizes the Director to approve and execute agreements for day- . today ope bons when the work is related to a project included in the Statewide Transporta ' n Improvement Program or a line item in the biennial budget approved by the commi ion.