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108 D. Reauest to Amend Agreement. The request to amend the Agreement for an extension of project term, cost <br /> 109 modification, design change, project reconfiguration, or change the original plan in any rnanuer whatsoever is <br /> 110 the sole responsibility of the Recipient. Amendment requests shall be made in the manner specified below. <br /> 111 <br /> 112 A request to other Cooperators participating in.this project to amend an Agreement with that Cooperator shall not be <br /> 113 construed as being a request to the Department to amend this Agreement, notwithstanding the fact that the other <br /> 114 Cooperator is a State or Federal Agency. <br /> 115 Any and all requests to the Department for Amendment of this Agreement shall be completed and acceptable in the <br /> 116 following form: <br /> j 117 <br /> 118 1. In writing, addressed to the Department as stated in Article II.F: below. <br /> 119 2. The request to amend the Agreement shall be made to the Department at least 30 days prior to the expiration <br /> 120 of the Agreement. <br /> 121 3. The request shall state the reasons for the need to amend the Agreement. <br /> 122 4. The request shall not become effective until such time as the Department has notified the Recipient in <br /> 123 writing that the proposed changes have been reviewed by the Department and approved by the USFWS. Costs <br /> 124 incurred by the Recipient prior to official, written notification of approval by the Department are not <br /> 125 reimbursable. <br /> 126 5. Failure by the Recipient to exercise due diligence in oversight of the project and to follow-up on the <br /> 127 necessary Amendment requests as specified herein shall result in the Recipient assuming all costs and related <br /> <br /> ~ 128 billings as a cost overrun. <br /> 129 <br /> 130 E. Provide Adeauate Notice to the Department. Notices between the Department and the Recipient shall be <br /> 131 addressed as follows: <br /> 132 Department: Oregon Department of Fish & Wildlife <br /> 133 Martin Nugent <br /> ' 134 P.O. Boz 59 <br /> 135 Portland, OR 97207 <br /> 136 <br /> 137 Recipient: City of Eugene <br /> 138 Andrea Riper, <br /> 139 Parks Planning Manager <br /> 140 1820 Roosevelt Blvd. <br /> 141 Eugene, OR 97402 <br /> 142 <br /> i43 J. Cost Overruns. The Recipient shall be responsible for any cost overruns. <br /> 144 <br /> 145 III. TERM OF AGREEMENT <br /> 146 <br /> 147 A. The term of this Agreement is from last date of signature to May 12, 2005. However, the budget period shall <br /> 148 expire when the Department accepts Recipient's completed performance or on May 12, 2005, whichever date <br /> 149 occurs first. <br /> i50 <br /> 151 IV. TERMINATION PROVISIONS. <br /> 152 <br /> 153 The following provide for the termination and modification of this agreement: <br /> 154 <br /> 155 A. Termination for Convenience. The Recipient may terminate this agreement at any time upon thirty (30) days <br /> -1-56- -prior-written-notice; delivered by-eertified~mail-~r-i~persoirto-the--Deparimen~--provided-however; that-upon-any <br /> 157 such temunation of the agreement the Recipient shall, within thirty (30) days of such termination, reimburse by <br /> 15 8 check payable to the Department all funds contributed by the Department to the Project. <br /> 159 <br /> 160 B. Termination and Modification for Good Cause. The Department, at any time upon thirty (30) days prior <br /> 161 written notice delivered by certified mail or in person to the "Recipient", may modify or terminate this agreement <br /> 162 for good cause or may modify or terminate this agreement should "Department" funding under Federal Aid WCRP <br /> 163 Funding not be obtained or continued at the levels necessary to complete the Project, or s hould federal o r s fate <br /> 3 <br /> _ _ <br /> <br />