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City of Eugene/ODOT <br /> Agreement No. 23,423, Amendment No. 1 <br /> Insert new Paragraphs 2 (a) and (b) of Terms of Agreement, Page 2, to read as <br /> <br /> 1, follows: <br /> a. The Parties agree that if the Transportation Enhancement funds for this <br /> Project are not obligated for construction on or before March 30, 2010, <br /> ~i i State may reassign any Transportation Enhancement funds not yet <br /> obligated for the Project and shall have no obligation to fund any <br /> remaining work through the Transportation Enhancement program. <br /> ~ b. Agency is not guaranteed the use of unspent funds for a particular phase <br /> of work. State will not release funds from any authorized phase of work <br /> for use on a subsequent .phase unless specifically requested by Agency <br /> before obligating funds on the subsequent phase. <br /> Paragraph 4 of Terms of Agreement, Page 2, which reads: . <br /> ~ 4. The federal funding for this Project is contingent upon approval by the Federal <br /> Highway Administration (FHWA). Any work performed prior to acceptance by FHWA <br /> ~ will be considered nonparticipating and paid for at Agency expense. The Catalog of <br /> Federal Domestic Assistance (CFDA) number for this Project is 20.525. <br /> ~ Shall be deleted in its entirety and shall now read: <br /> i <br /> 4. The federal funding for this Project is contingent upon approval by the Federal <br /> Highway Administration (FHWA). Any work performed prior to acceptance by FHWA <br /> will be considered nonparticipating and paid for at Agency expense. The Catalog of <br /> Federal Domestic Assistance (CFDA) number for this Project is 20.205. <br /> This Amendment may be executed in several counterparts (facsimile or otherwise) all of <br /> which when taken together shall constitute one agreement binding on all parties, <br /> notwithstanding that alt parties are not signatories to the same counterpart. Each copy <br /> of this amendment so executed shall constitute an original. <br /> Except as expressly amended above, all other terms and conditions of the Agreement <br /> are still in full force and effect. The Parties certify that the representations, warranties <br /> and certifications contained in the original Agreement are true and correct as of the <br /> effective date of this amendment and with the same effect as though made at the time <br /> of this amendment. <br /> IN WITNESS WHEREOF, the parties hereto have set their. hands as of the day and year <br /> hereinafter written. <br /> This Project is in the 2006-2009 Statewide Transportation Improvement Program (Key <br /> 15222) that was approved by the Oregon Transportation Commission on August 17, <br /> 2005. <br /> 2 <br /> _ <br /> <br />