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City of Eugene/ODOT <br /> Agreement No. 21,833 <br /> GENERAL PROVISIONS <br /> 1. This Agreement may be terminated by mutual written consent of both parties. <br /> ODOT may terminate this Agreement effective upon delivery of written notice fo <br /> City, or at such later. date as may be established by ODOT, under any of the <br /> following conditions: <br /> a. If City fails to provide services called for by this Agreement within the . <br /> time specified herein or any extension thereof: <br /> b. If City fails to perform any of the other provisions of this Agreement, or <br /> so fails to pursue the work as to endanger performance bf this <br /> Agreement in accordance with its terms, and after receipt of written <br /> notice from ODOT fails to correct such failures within 10 days or such <br /> longer period as ODOT may authorize. <br /> c. If ODOT fails to receive funding, appropriations, limitations or other <br /> expenditure authority sufficient to allow ODOT, in the exercise of its <br /> reasonable administrative discretion, to .continue to make payments for <br /> performance of this Agreement. <br /> d. If federal or state laws, regulations or guidelines are modified or <br /> interpreted in such a way that either the work under this Agreement is <br /> prohibited oraf ODOT is prohibited from paying for such work from the <br /> planned funding source. <br /> Any termination of this Agreement shall not prejudice any rights or obligations accrued <br /> to the parties prior to termination: <br /> 4. This Agreement and attached exhibits constitute the entire agreement between the <br /> parties on the subject matter fiereof. There are no understandings, agreements, or <br /> representations, oral or written, not specified herein regarding this Agreement. No <br /> waiver., consent, modification or change of terms of this Agreement shall bind either <br /> party unless in writing and signed by both parties and all necessary approvals have <br /> been obtained. Such waiver, consent, modification or change, 'if made, -shall be <br /> effective only in the specii c instance and for the specific purpose given.- The failure <br /> of ODOT to enforce any provision of this Agreement shall not .constitute a waiver by <br /> ODOT of that or any other provision. <br /> iN WITNESS WHEREOF, the parties hereto have set 'their hands. and affixed their <br /> seals as of the day and year hereinafter written. <br /> This Project was approved by the Oregon Transportation Commission on November 17, <br /> 2003 as a part of the 2004-2007 Statewide Transportation Improvement Program (Key <br /> 10349). <br /> Key no. 10349 4 <br /> <br /> _ ~ ~ ~ ~ <br /> <br />