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. ; <br /> Bikeway/Walkway Project Agreement Page 5 <br /> 02/26/03 <br /> 1. City, its contractor, its subcontractors, if any, and all employers working under this <br /> <br /> II Agreement are subject employers under the Oregon Workers' Compensation Law and <br /> shall comply with ORS 656.017, which requires them to provide workers' <br /> compensation coverage for all their subject workers, unless such employers are <br /> <br /> I' exempt under ORS 656.126. City shall ensure that each of its contractors complies <br /> with these requirements. <br /> 2. This agreement may be terminated by mutual consent of both parties. <br /> 3. State may terminate this agreement effective upon delivery of written notice to City, <br /> or at such later date as may be established by State, under any of the following <br /> conditions: <br /> a. If City fails to provide services called for by this agreement within the time <br /> specified herein or any extension thereof. <br /> b. If City fails to perform any of the other provisions of this agreement, or so fails to <br /> pursue the work as to endanger performance of this agreement in accordance <br /> with its terms, and after receipt of written notice from State fails to correct such <br /> failures within 10 days or such longer period as State may authorize. <br /> c. If State fails to receive funding, appropriations, limitations, or other expenditure <br /> authority at levels sufficienf to pay for the work provided in this agreement. <br /> d. If federal or state laws, 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 /> prohibited from paying for such work from the planned funding sources. <br /> Any termination of this agreement shall not prejudice any rights or obligations <br /> accrued to the parties prior to termination. <br /> 4. 1f City fails to maintain the facility in accordance with the terms of this agreement, <br /> State, at its option, may maintain the facility and bill City, seek an injunction to <br /> enforce the duties and obligations of this agreement, or take any other action <br /> allowed by law. <br /> 5. State, the Secretary of State's Office of the State of Oregon, the federal <br /> government, and their duly authorized representatives shall have access to the <br /> books, documents, papers, and records of City which are directly pertinent to the <br /> specific agreement for the purpose of making audit, examination, excerpts, and <br /> .transcripts for a period of three years after final payment. Copies of applicable <br /> records shall be made available upon request. Payment for costs of copies is <br /> reimbursable by State. <br /> _ _ _ _ _ <br /> <br />