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Bikeway/Walkway ProjecfAgreement Page 5 <br /> 01/90/03 <br /> i <br /> d. if federal or state taws, regulations, or guidelines are modified or interpreted in <br /> such a way that either the work under this agreement is prohibited or if State is <br /> fundin sources. - <br /> the tanned <br /> from <br /> work <br /> for such 9 <br /> a in p <br /> - ohibited from <br /> r <br /> p PY 9 <br /> io s <br /> Any termination of this agreement shall not prejudice any rights or obligat n <br /> accrued to the parties prior to termination. <br /> 4. If, at any time within five years of the completion of the Project, City fails to maintain <br /> <br /> j the facility in accordance with the temis of this agreement, State, at its option, may <br /> maintain the facility and bill City, seek an. injunction to • enforce the duties and <br /> obligations of this agreement, or take any other action allowed bylaw. <br /> 5. State, the Secretary of State's Office of the State of Oregon, the federal government, - <br /> and their duly authorized representatives shall have access to the . books, <br /> documents, papers, and records of City which are directly pertinent to the specific <br /> agreement for the purpose of making audit, examination, excerpts, and transcripts <br /> for a period of three years after final payment.. Copies of applicable records shall be <br /> made~available upon. request. Payment for costs of copies is reimbursable by State. <br /> - 6. This a regiment and attached exhibits constitute the entire agreement between the <br /> 9 <br /> parties on the subject matter hereof. There are no understandings, agreerrrents, or <br /> representatives, oral or- written, not speaf~ed herein regarding this agreement. No <br /> of this a regiment shall bind either <br /> e of temps <br /> . fiver consen modification or Chang 9 <br /> wa t, <br /> party unless in writing and signed by both parties and all necessary State approvals - <br /> have 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 /> b a <br /> aiver <br /> this a regiment shall not constitute a w Y <br /> a party to enforce any provisron of g <br /> party of that or any other provision. <br /> IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals - <br /> as ofthe day and year hereinafterwritten. <br /> The Oregon Transportation Commission approved this Project on February 1, 2000 as <br /> .part of the Fiscal Year 2002-2003 Local: Assistance Bicycle and Pedestrian Program. <br /> The funds are included in the. Statewide Programs Section of the 2000-2003 Statewide <br /> Transportation Improvement Program (STIP). - <br /> - The Oregon Transportation Commission on January 16, 2002, approved Delegation . <br /> Order No. 2, which authorizes the Director to approve and execute agreements for day- - <br /> to-day operations when the work is related to a project included in the Statewide <br /> .Transportation Improvement Program or a line item in the biennial budget approved by <br /> the commission. ~ - <br /> _ <br /> <br />