New Search
156 officers, directors, agents, employees, and members from any and all claims, suits, actions, losses, liabilities, costs, <br /> 157 expenses, and damages of whatsoever nature resulting from, arising out of, or relating to the activities of Sponsor <br /> 158 or its officers, employees, contractors, or agents under this agreement. <br /> 159 <br /> 160 CONVERSION <br /> 161 <br /> 162 Sponsor further warrants that the land within the project boundary shall be dedicated and used for park or <br /> 163 recreation purposes. Sponsor must control or will have control of the land, and Sponsor shall not change the use <br /> 164 of, sell, or otherwise dispose of the land within the project boundary except upon approval and consent of the <br /> 165 State. <br /> 166 <br /> 167 If the Sponsor converts lands within the project boundary to a use other than park and recreation purposes, or <br /> 168 disposes of such land by sale or any other means, the Sponsor must provide replacement property of equal or <br /> 169 greater fair mazket value to that of the converted project land as measured on the date of their conversion or <br /> 170 disposal. This will require appraisals for both the converted and the replacement property. Replacement properly <br /> 171 will not be approved by the State unless the replacement property has park and recreation utility equivalent to the <br /> 172 ]ands converted or disposed. <br /> <br /> 173 <br /> 174 TERMINATION <br /> 175 <br /> 176 Either party, in writing may terminate this agreement in whole or in part, at any time prior to the expiration date of <br /> 177 this agreement. Neither party shall incur any new obligations for the terminated portion of this agreement and <br /> 178 shall cancel as many obligations as possible. Full credit shall be allowed for the non-cancelable obligations <br /> 179 properly incurred up to the effective date of the termination. The Stale reserves the right to cancel this agreement <br /> 180 if no progress on the Project is made within one year of the effective date of this agreement. <br /> 181 <br /> 182 The State, upon thirty (30) days written notice to the Sponsor, may modify or terminate this agreement ifthe State <br /> 183 fails to receive funding or appropriations, limitations, or other expenditure authority at levels sufficient to pay the <br /> 184 allowable costs of the Project to be funded hereunder, or should state law, regulation or guidelines be modified, <br /> 185 changed or interpreted in such a way that the Project, or any portion of the Project is no longer eligible for Local <br /> 186 Government Grant Program funding. <br /> 187 <br /> 188 REMEDIES <br /> 189 <br /> 190 THE State shall have any and all rights and remedies available by law or in equity. <br /> 191 <br /> 192 GENERAL PROVISIONS <br /> 193 <br /> 194 Particivation in Similar Activities: This agreement in no way restricts the Sponsor or the State from participating <br /> 195 in similar activities with other public or private agencies, organizations or individuals. <br /> 196 <br /> 197 Duplicate Payment: The Sponsor shall not be compensated for or receive any form of duplicate, overlapping or <br /> 198 multiple payments for the same work performed under this agreement from any agency of the State of Oregon or <br /> 199 the United States of America or any other party, organization or individual. All Sponsor matching contributions to <br /> 200 this agreement must be used and expended for this project only and within the project period. <br /> 201 <br /> 202 No Third Party Beneficiaries: The State and the Sponsor are the only pazties to this agreement and aze the only <br /> 203 parties entitled to enforce its terms. Nothing in this agreement gives, is intended to give, or shall be construed to <br /> 204 give or provide any benefit or right, whether directly or indirectly, to a third person unless such a third person is <br /> 205 .individually identified by name herein and expressly described as intended beneficiary of the terms of this <br /> 206 agreement. <br /> 207 <br /> Page 4 of 5 <br /> <br />