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City of Eugene /State of Oregon -Dept. of Transportation <br /> Agreement No. 24596 <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. City, as a recipient of federal funds, pursuant to this Agreement with the State, shall <br /> assume sole liability for City's breach of any federal statutes, rules, program <br /> requirements and grant provisions applicable to the federal funds, and shall, upon <br /> City's breach of any such conditions that requires the State to return funds to the <br /> Federa( Highway Administration, hold harmless and indemnify the State for an <br /> amount equal to the funds received under this Agreement; or if legal limitations <br /> apply to the indemnification ability of City, the indemnification amount shall be the <br /> maximum amount of funds available for expenditure, including any available <br /> contingency funds or other available non-appropriated funds, up to the amount <br /> received under this Agreement. <br /> 11. City represents that this Agreement is signed by personnel authorized to do so by its <br /> 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 /> <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 /> IN WITNESS WHEREOF, the Parties hereto have set their hands as of the day and <br /> year hereinafter written. <br /> This Project is in the 2006-2009 Statewide Transportation Improvement Program, (Key <br /> #15407) that was approved by the Oregon Transportation Commission on August 17, <br /> 2005 (or subsequently approved by amendment to the STIP). <br /> The Oregon Transportation Commission on June 18, 2003, approved Delegation Order <br /> No. 2, which authorizes the Director to approve and execute agreements for day-to-day <br /> .operations. Day-to-day operations include those activities required to implement the <br /> biennial budget approved by the Legislature, including activities to execute a project in <br /> the Statewide Transportation Improvement Program. <br /> 3 <br /> _ _ <br /> <br />