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GRADE CHANGE LIABILITY <br />42. Agency, if a County, acknowledges the effect and scope of ORS 105.755 and agrees that all <br />acts necessary to complete construction of the Project which may alter or change the grade <br />of existing county roads are being accomplished at the direct request of the County. <br />43. Agency, if a City, hereby accepts responsibility for all claims for damages from grade <br />changes. Approval of plans by State shall not subject State to liability under ORS 105.760 <br />for change of grade. <br />44. Agency, if a City, by execution of Agreement, gives its consent as required by ORS <br />373.030(2) to any and all changes of grade within the City limits, and gives its consent as <br />required by ORS 373.050(1) to any and all closure of streets intersecting the highway, if any <br />there be in connection with or arising out of the project covered by the Agreement. <br />CONTRACTOR CLAIMS <br />45. Agency shall, to the extent permitted by state law, indemnify, hold harmless and provide <br />legal defense for State against all claims brought by the contractor, or others resulting from <br />Agency's failure to comply with the terms of this Agreement. <br />46. Notwithstanding the foregoing defense obligations under paragraph 45, neither Agency nor <br />any attorney engaged by Agency shall defend any claim in the name of the State of Oregon <br />or any agency of the State of Oregon, nor purport to act as legal representative of the State <br />of Oregon or any of its agencies, without the prior written consent of the Oregon Attorney <br />General. The State of Oregon may, at anytime at its election assume its own defense and <br />settlement in the event that it determines that Agency is prohibited from defending the State <br />of Oregon, or that Agency is not adequately defending the State of Oregon's interests, or <br />that an important governmental principle is at issue or that it is in the best interests of the <br />State of Oregon to do so. The State of Oregon reserves all rights to pursue any claims it <br />may have against Agency if the State of Oregon elects to assume its own defense. <br />MAINTENANCE RESPONSIBILITIES <br />47. Agency shall, upon completion of construction, thereafter maintain and operate the Project <br />at its own cost and expense, and in a manner satisfactory to State and FHWA. <br />WORKERS' COMPENSATION COVERAGE <br />48. All employers; including Agency that employ subject ,workers who work under this <br />Agreement in the State of Oregon shall comply with ORS 656.017 and provide the required <br />Workers' Compensation coverage unless. such employers are exempt under ORS 656.126. <br />Agency shall ensure that each of its contractors complies with these requirements. <br />LOBBYING RESTRICTIONS <br />49. Agency. certifies by signing the Agreement that: <br />A. No federal appropriated funds have been paid or will be paid, by or on behalf of the <br />undersigned, to any person for influencing or attempting to influence an officer or <br />employee of any federal agency, a Member of Congress, an officer or employee of <br />Congress, or an employee of.a Member of Congress in connection with the awarding of <br />any federal contract, the making of any federal grant, the making of any federal loan, <br />the entering into of any cooperative agreement, and the extension, continuation, <br />STDPRO-2006.doc <br />Rev. 7-3-2006 <br />