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City of Eugene/ODOT <br />Agreement No. 23,423 <br />e. If federal or state laws, regulations or guidelines are modified or <br />interpreted in such a way that either the work under this Agreement is <br />prohibited or State is prohibited from: paying for such work from the <br />planned funding source. <br />8. Any termination of this Agreement shall not prejudice any rights or obligations <br />accrued to the Parties prior to termination. <br />9. The Special and Standard Provisions attached hereto, marked Attachments 1 and <br />2, respectively, are by this reference made. a part hereof. The Standard Provisions <br />apply to all federal-aid projects and may be modified only by the Special Provisions. <br />The Parties hereto mutually agree to the terms and conditions set forth in <br />Attachments 1 and 2. In the event of a conflict, this Agreement shall control over <br />the attachments, and Attachment 1 shall control over Attachment 2. <br />10. Agency, as a recipient of federal funds, pursuant to this Agreement with the State, <br />shall assume sole liability for its breach of any federal statutes, rules, program <br />..requirements and grant provisions applicable to the federal funds, and shall, upon <br />such.. breach of any condition .that requires the State to return funds to the Federal- <br />HighwayAdministration, hold harmless and indemnify the State for an amount equal <br />to .the funds received under this Agreement; or if legal limitations apply to the <br />indemnification ability of Agency, the indemnification amount shall be the maximum <br />amount of funds available for expenditure, including any available contingency funds <br />or other available non-appropriated funds, up to the amount received under this <br />Agreement. <br />11. Agency shall enter into and execute this Agreement during a duly authorized <br />session of its City Council <br />12. This Agreement may be executed in several counterparts (facsimile or otherwise) all <br />of which when taken together shall constitute one agreement binding on all parties, <br />notwithstanding that all parties are not signatories to the same counterpart. Each <br />copy of this Agreement so executed shall constitute an original. <br />13. This Agreement and attached exhibits constitute the entire agreement between the <br />Parties on the subject matter hereof. There are no understandings, agreements, or <br />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 for the specific purpose given. The failure <br />of State to enforce any provision of this Agreement shall not constitute a waiver by <br />State of that or any other provision. <br />3 <br />