New Search
SECTION 7. Conditions Applicable to Both Parties. <br /> 7.1 The term of this Agreement commences upon the date of final execution hereof <br /> ' and remains in effect until all obligations hereunder are extinguished by performance or <br /> termination <br /> 7.2 City understands that District shall have the right to stop work on the Project at <br /> any time by giving City written notice specifying a future date of cease-work. Cessation of work <br /> shall be without liability to District except for: <br /> <br /> l <br /> 7.2.1 Reimbursement to City for all costs reasonably allocated or incurred for <br /> the Project and Additional District Work on pr prior to the date on which City is ordered <br /> to cease work on the Project; and <br /> 7.2.2 Reimbursement to City for all costs necessary to restore or re-establish <br /> continuity of that portion of Will-Hi street interrupted by Project activities prior to the <br /> date of cease-work; and <br /> 7.2.3. Reimbursement to City for all direct costs of the termination. <br /> 7.3 This Agreement may be terminated by either parry for any substantial breach, <br /> willful failure or refusal by the other party to faithfully perform any. act or satisfy any condition <br /> herein according to its terms. <br /> 7.4 All modifications and amendments to this Agreement shall be effective only if in <br /> writing and executed by both parties. <br /> 7.5 To the extent allowable by the Oregon Constitution and limitations of the Oregon <br /> Tort Claims Act, each of the parties hereto agree to indemnify and save the other harmless from <br /> any claims, liability or damages resulting from any error, omission or act of negligence on the <br /> party of the indemnifying party, its officers, agents or employees relative to the responsibilities <br /> of the indemnifying party in performance of this Agreement. <br /> 7.6 Neither party intends to provide any enforceable right or benef <br /> t to any third <br /> party. This Agreement shall be construed to benefit only the District and the-City. <br /> SECTION 8. Representations of District Signatories. <br /> Each of the persons signing this Agreement on behalf of the District represents and <br /> warrants that: <br /> 8.1 S/he has full power and authority to execute this Agreement on behalf of <br /> the District; and <br /> Intergovernmental Agreement - 5 <br /> <br />