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i Bikeway/WalkwayProjecfAgreement Page 5 01/10/03 d. If federal or state laws, regulations, or guidelines are modified ~or interpreted in such a way that either the work under this agreement is prohibited or if State is prohibited from paying for such work from the planned funding sources. Any termination of this agreement shall not prejudice any rights or obligators anon. in rm accrued to the parties pnor to to . 4. if, at any time within five years of the completion of the Project, City fails to maintain the facility in accordance with the temps of this agreement, State, at its option, may maintain the faa'lify and bill City, seek an. injunction to enforce the duties and obligations of this agreement, or take any other action allowed by law. - 5. State, the Secretary of State's Office of the State of Oregon, the federa) government, and their duly authorized representatives shat! have access to the books, documents, papers, and records of City which are directly pertinent to the specfc . agreement for the purpose of making audit, examination, excerpts, and transcripts. for a period of three years after.final payment. Copies of applicable records shall be made~available upon request. Payment for costs of copies is reimbursable by State. 6. This agreement and attached exhibits constitute the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representatives, oral or written, not speafied herein regarding this agreement. No _ waiver, consent, modification or change of terms of this .agreement shall bind either party unless in writing aril signed by both parties and aU necessary State approvals - have been obtained. Such waiver, consent, modification ~er schange,~~f ,fie failureo effective only in the specific instance and for the specrfic purpo g . a party to enforce any provision of this agreement shall not constitute a waiver by a party of that or any other provision. IN WITNESS WHEREOF, the parties hereto have set their hands and affoced their seals as of the day and year hereinafter written. The Oregon Transportation Commission approved this Project on February 1, 2(~0 as part of the Fiscal Year 2002-2003 Local Assistance Bicy of ~ 2000-2003 Star #ewide The funds are included in the Statewide Programs Section . Transportation Improvement Program (STIP). The Oregon Transportation Commission on January 16, 2002, approved Delegation Order ~No. 2, which authorizes the Director to approve and execute agreements for day- _ today operations when the work is related to a project ienclud b inetha P Vedby Transportation Improvement Program or a 6ne Item in the b udg p the commission.