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Agencyl4D~T <br />Agreement No. 24711 <br />16. Agency, as a recipient of federal funds, pursuant to this Agreement with the State, <br />shall assume sole liability for Agency's breach of any federal statutes, rules, program <br />requirements and grant provisions applicable to the federal funds, and shall, upon <br />Agency's breach of any such conditions that requires the State to return funds to the <br />FHWA, hold harmless and indemnify the State for an amount equal to the funds <br />received under this Agreement; or if legal limitations apply to the indemnification <br />ability of Agency, the indemnification amount shall be the maximum amount of funds <br />available for expenditure, including any available contingency funds or other available <br />non-appropriated funds, up to the amount received underthis Agreement. <br />17. This Agreement and the attached exhibits constitutes the entire agreement between <br />the parties on the subject matter hereof. There are no understandings, agreements, <br />or representations, oral or written, not specified herein regarding this Agreement. No <br />waiver, consent, modification or change of terms of this Agreement shall bind either <br />party unless in writing and signed by both parties and all necessary approvals have <br />been obtained. Such waiver, consent, modification or change, if made, shall be <br />effective only in the specific instance and forthe specific purpose given. The failure of <br />State to enforce any provision of this Agreement shall not constitute a waiver by State <br />of that or any other provision. <br />18. State's Project Liaison for this Agreement is Ted Keasey, Local Agency Liaison, <br />Oregon Department of Transportation, 455 Airport Rd., SE, Building B, Salem, nR <br />97301-4989, telephone number 503-986-6903, or an individual designated by the <br />State's Region Manager in the event of the unavailability of the aforementioned <br />individual. <br />19. Agency's Project Liaison for this Agreement is Jenifer Willer, Project Manager, City of <br />Eugene Public Works Engineering, 244 East Broadway, Eugene, Oregon 91401, <br />telephone number 541-682-5364 or an individual designated by the Agency in the <br />event of the unavailability of the aforementioned individual. <br />IN VIrITNESS 1NHERE4F, the parties hereto have set their hands as of the day and year <br />hereinafter written. <br />The Project was approved by the Oregon Transportation Commission on August 1 ?', <br />ZOO5 for subsequently approved by amendment to the STIP} as part of the 2008-2011 <br />Statewide Transportation Improvement Program, Key No. 15224. <br />~n September 15, 2006, the Director of the Oregon Department of Transportation <br />approved Subdelegation order No. 2, Paragraph 1, in which authority is delegated to the <br />Deputy Director, Highways; to approve and sign agreements over $75,000 when the work <br />is related to a project included in the Statewide Transportation Improvement Program. <br />Key # 15224 4 <br />