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I <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 /> <br /> 1 7. Any termination of this Agreement shall not prejudice any rights or obligations accrued <br /> to the parties prior to termination. <br /> 8. The Special and Standard Provisions attached hereto, marked Attachments <br /> 1 and 2, res ectivel are b this reference made a art hereof. The <br /> p Y Y p <br /> Standard Provisions apply to all federal-aid projects, and may be modified <br /> only by the Special Provisions. The .parties hereto mutually agree to the <br /> terms and conditions set forth in Attachments 1 and 2. <br /> 9. 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 /> Highway. Administration, 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 /> 10. 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 of <br /> State to enforce any provision of this Agreement shall not constitute a waiver by State <br /> of that or any other provision. <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 /> number 14709) that was approved by amendment to the STIP on December 2, 2005 by <br /> the Oregon Transportation Commission. <br /> <br />