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<br /> Brkeway/Walkway Project Agreement Pa e 5 <br /> <br /> 02/26/03 i <br /> 1. City, its contractor, its subcontractors, if any, and all employers world g nder this <br /> Agreement are subject employers under the Oregon Workers' Compen do Law and <br /> shall comply with ORS 656.017, which requires them to prov de workers' <br /> compensation coverage for all their subject workers, unless such e p oyers are <br /> exempt under ORS 656.126. City shall ensure that each of its contractor complies <br /> with these requirements. <br /> <br /> 2. This agreement may be terminated by mutual consent of both parties. I, <br /> <br /> 3. State may terminate this agreement effective upon delivery of written r~oti a to City, <br /> or at such later date as may be established by State, under any of h following <br /> conditions: <br /> a. If City fails to provide services called for by this agreement wit i the time <br /> specified herein or any extension thereof. <br /> b. If City fails to perform any of the other provisions of this agreement,!,or so fails to <br /> pursue the work as to endanger performance of this agreement irk a cordance <br /> with its terms, and after receipt of written notice from State fails to co rect 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 othe a penditure <br /> authority at levels sufficient to pay for the work provided in this agre m nt. <br /> d. If federal or state laws, regulations, or guidelines are modified or i t rpreted in <br /> such a way that either the work under this agreement is prohibited or if State is <br /> prohibited from paying for such work from the planned funding sour es <br /> Any termination of this agreement shall not prejudice any rights r bligations <br /> accrued to the parties prior to termination. ~ <br /> 4. 1f City fails to maintain the facility in accordance with the terms of thi ~ greement, <br /> State, at its option, may maintain the facility and bill City, seek an~inj nction to <br /> enforce the duties and obligations of this agreement, or take any of er action <br /> allowed by law. <br /> 5. State, the Secretary of State's Office of the State of Oregon, ~ t e federal <br /> government, and their duly authorized representatives shall have arc ss to the <br /> books, documents, papers, and records of City which are directly p ~rti ent to the <br /> specific agreement for the purpose of making audit, examination, xc rpts, and <br /> transcripts for a period of three years after final payment. Copies of applicable <br /> records shall be made available upon request. Payment for costs) o copies is <br /> reimbursable by State. <br /> <br />