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City of Eugene/ODOT <br /> Misc. Contracts & Agreements No 24796 <br /> Cross Ref. Master Certification Agreement 24651 <br /> 11. The term of this Agreement shall begin on the date all required signatures are <br /> obtained and shall terminate upon completion of the Project and final payment or <br /> ten (10) calendar years following the date all required signatures are obtained, <br /> whichever is sooner. The Parties agree that this Agreement shall terminate if the <br /> funds for this Project are not obligated for construction on or before June 30, 2011. <br /> Upon termination of this Agreement, State may reassign any Enhancement Funds <br /> not yet obligated for the Project and shall have no obligation to fund any remaining <br /> phases of work through the Transportation Enhancement Program. <br /> i <br /> 12. This Agreement shall supersede and replace Agreement No. 23,359 and its <br /> supplements in its entirety. Agreement No. 23,359 will be terminated upon execution <br /> of this Agreement. Invoices for preliminary engineering work incurred prior to the <br /> replacement of Agreement No. 23,359 can be invoiced by Agency and paid for by <br /> State under this Agreement. <br /> 13. This Agreement may be terminated by mutual written consent of both parties. <br /> <br /> I <br /> 14. State may terminate this Agreement effective upon delivery of written notice to <br /> A enc or at such later date as ma be established b State, under an of the <br /> 9 Y~ Y Y Y <br /> following conditions: <br /> a. If Agency fails to provide services called for by this Agreement within <br /> the time specified herein or any extension thereof. <br /> b. If Agency fails to perform any of the other provisions of this Agreement, <br /> or so fails to pursue the work as to endanger performance of this <br /> Agreement in accordance with its terms, and after receipt of written <br /> notice from State fails to correct such failures within ten (10) days or <br /> such longer period as State may authorize. <br /> c. If Agency fails to provide payment of its share of the cost of the Project. <br /> d. If State fails to receive funding, appropriations, limitations or other <br /> expenditure authority sufficient to allow State; in the exercise of its <br /> reasonable administrative discretion, to continue to make payments for <br /> performance of this Agreement. <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 if State. is prohibited from paying for such work from the <br /> planned funding source. <br /> 15. Maintenance and power responsibilities shall survive any termination of this <br /> Agreement. <br /> 16. Any termination of this Agreement shall not prejudice any rights or obligations <br /> accrued to the Parties prior to termination. <br /> 3 <br /> _ <br /> <br />