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331 B. FAILURE TO ENFORCE <br /> j 332 <br /> 333 The failure of the State of Oregon to enforce any provision of this Agreement shall not constitute a waiver by the <br /> 334 State of Oregon of that provision or any other provision. <br /> ii 335 C. WAIVER OF TERMS <br /> I 336 <br /> 337 The terms of this Agreement shall not be waived, altered, modified, supplemented or amended, in any manner <br /> 338 whatsoever, except by written instnunent signed by both the Department and the Recipient. <br /> ~ 339 D. MERGER CLAUSE <br /> 340 <br /> ~ 341 THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE DEPARTMENT AND <br /> j 342 THE RECIPIENT. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS THIS AGREEMENT <br /> 343 SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH THE DEPARTMENT AND <br /> 'i 344 THE RECIPIENT. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE <br /> ~ 345 EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC P URPOSE G IVEN. THERE <br /> j 346 ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT <br /> 347 SPECIFIED HEREIN REGARDING THIS AGREEMENT. THE RECIPIENT, BY THE SIGNATURE BELOW <br /> ~ 348 OF TTS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT THE RECIPIENT HAS <br /> 349 READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND <br /> 350 CONDITIONS. <br /> j 351 / <br /> 352 STATE OF OREGON: RECIPIENT: <br /> 353 Dep men f Fish and ' dlife <br /> 354 <br /> 355 By: /1iYt By <br /> 356 .Ryan Corey <br /> ~ 357 Deputy Director for Administration Title Director of Public Works <br /> 358 <br /> 359 Date: ~ ~4~ l ~ Date a9 w o2. - O ?j <br /> 360 Address: <br /> Address <br /> 361 Attention Procurement Section 1A2~ Rcx~GCwPI t Rlvr7 _ <br /> 362 P.O. sox 59 <br /> 363 Portland, OR 97207 Eugene, OR 97402 <br /> i 364 <br /> 365 Public Works Parks Planning <br /> <br /> I <br /> <br /> I <br /> 7 <br /> _ _ <br /> <br />