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City of Eugene / ODOT <br /> agreement No. 21,334 <br /> 4. ODOT OBLIGATIONS <br /> 4.1 Grant of Authorfir. ODOT hereby grants City the authority to ender onto and occupy <br /> the ODOT Property in order to perform the work described in this agreement. <br /> ~I 4.2 Reimbursement of City. Upon receipt of City's monthly invoice, pDOT shall send to <br /> City payment for the work described in this Agreement, provided that, ODOT's annual <br /> aggregate financial obligations under this Agreement shall not ~exc~ed the sum of <br /> $12,000 (in State funds) per fiscal year. . <br /> 4.3 _ODOT's Authorized 'Rearesentative. ODOTs project manager fc~r this Agreement is <br /> ~ the , burg, <br /> ~~~-R~6-a6d <br /> 5. GENERAL PROVfS10NS ~ ~ <br /> 5.1 Limitation on City's Undertakina. Bo#h parties understand that, ~y entering into this <br /> Agreement, City assumes no responsibility, ownership or jurisdiction over the ODOT <br /> Property other than its undertaking to perform the work described(in subsections 3.1, <br /> which includes sub-subsections 3.1.1, 3.1.2 and 3.1.3, under the conditions set forth <br /> <br /> i ~ in this Agreement. I <br /> 5.21ndemn' Both parties shall, to the extent permitted by the Oreg n Constitution and <br /> the Oregon Tort Claims Act, indemnify, defend, save, and hold h rmless the State of . <br /> <br /> j; Oregon, the Oregon Transportation Commission and its me hers, the Oregon <br /> Department of Transportation, its officers and employees from ~ ny and all claims, <br /> suits, and liabilities which arise from or allege injury or damag~s arising from the <br /> wrongful or negligent acts of City's agents in City's performance of this Agreement. <br /> :.:Notwithstanding the foregoing defense obligations under Section 5~2, neither party nor <br /> any attorney engaged by either party shah defend any claim in th+~ name of the other <br /> :party or any agency/department/division of such other party, nor purport to act as legal <br /> ,representative of the other party of any of its agencies/departmen(s/divisions, without <br /> the prior written consent. of the legal counsel of such other party. each party may, at <br /> anytime at its election, assume its own defense and settlement In the event that it . <br /> determines that the other party is prohibited from defending it, or that other party is not <br /> adequately defending it's interests, or that an importan# govemm~ntal principle is at <br /> . issue or that it is in the best interests of the party to do so. Each party reserves all <br /> .rights to pursue any claims it may have against the other if it siects~ to assume its own <br /> defense. <br /> 5.3 Records. Both parties acknowledge and agree that each .party, the Oregon Secretary <br /> of State's office and the federal government and their duly authorised representatives <br /> shall have access to such fiscal records and other books, documents, papers, plans <br /> 3 <br /> 900 SOd '8 ~1~isNAi Md ~t~t~9I1~ Z88~ Z89 Ti~S %~3 90 ~ ZT 1Q0~4 60/80/TT <br /> <br />