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Agency City of Eugene/ODOT <br /> Agreement No. 21639 <br /> i <br /> receive funding, appropriations, limitations, or other expenditure authority <br /> sufficient to allow ODOT, in the exercise of its reasonable administrative <br /> discretion, to continue to make payments for performance of this agreement. <br /> c. If Federal or State laws, regulations or guidelines are modified or interpreted in <br /> such a way that either the work under this Agreement is prohibited or if ODOT is <br /> prohibited from paying for such work from the planned funding source. <br /> <br /> i <br /> 4. If ODOT terminates this Agreement for the reasons described in General Provisions <br /> 3., "a" above, Agency must reimburse ODOT for all grant funds expended. If <br /> Agency fails to reimburse ODOTwithin 90 days of termination ODOT may withhold <br /> Agency's proportional share of State Highway Fund distributions necessary to <br /> reimburse ODOT for costs incurred by such Agency breach. <br /> 5. Any termination of this Agreement shall not prejudice any rights or obligations <br /> accrued to the parties prior to termination. <br /> 6. Agency shall maintain records of the Agency Project, including all payments made <br /> out of the Agency Project Fund. Agency acknowledges and agrees that ODOT, the <br /> Secretary of State's Office of the State of Oregon, the federal government, and <br /> their duly authorized representatives shall have access to the books, documents, <br /> papers, and records of Agency which are directly pertinent to the specific <br /> agreement for the purpose of making audit, examination, excerpts, and transcripts <br /> for a period of three years after final payment. Copies of applicable records shall <br /> be made available upon request. Payment for costs of copies is reimbursable by <br /> ODOT. <br /> 7. ODOT and Agency covenant and agree to cooperate with each other in the <br /> observance and erf r n f h v n n s obli ations and <br /> p o ma ce o t e respective duties, co e a t, g <br /> agreements of either Party under this Agreement. <br /> 8. ODOT and Agency are the only parties to this Agreement and are the only parties <br /> entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, or <br /> shall be construed to give or provide any benefit or right, whether directly, indirectly <br /> or otherwise, to third persons unless such third persons are expressly described as <br /> intended beneficiaries of the terms of this Agreement. <br /> 9. This agreement and attached exhibits constitute the entire agreement between the <br /> parties on the subject matter hereof. There are no unders#andings, 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 specific instance and for the specific purpose given. The failure <br /> 2003 OTIA Program IGA page 7 of 9 <br /> <br />