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Agency City of Eugenie/ODOT <br /> Agreement No. 21639 <br /> of completion per as-built drawings from the project engineer. Agency further <br /> covenants and agrees to: <br /> (a) exercise its best efforts in accordance with prudent practice to complete the <br /> Agency Project; <br /> i <br /> (b) proceed expeditiously with and complete the Agency Project. <br /> (c) provide from its own or other fiscal resources all moneys in excess of the <br /> <br /> j total amount of proceeds it receives pursuant to this Agreement required to <br /> complete the Agency Project, subject to the constraints set forth in paragraph <br /> 14, page 6, below. <br /> 8. Agency agrees that expenditure of grant funds and any investment earnings thereon <br /> shall only be for expenses directly related to the Agency Project consistent with <br /> 2003 Or. Laws, Ch. 618 and Article IX, Sec. 3a of the Oregon Constitution. <br /> 9. Agency shall provide an accounting of the grant funds to ODOT within 90 days of <br /> completion of the Agency Project(s) along with as-built bridge plans. Agency further <br /> agrees to repay ODOT any grant funds and accrued interest which were not used in <br /> Agency Project within 90 days of the completion of AgencyProject(s) identified in <br /> this Agreement, except for an amount reasonably reserved for litigation or claims <br /> which have been filed relating to the Agency Project(s). The Agency agrees to <br /> repay ODOT the remainder within 90 days after any such litigation or claims are <br /> resolved. . <br /> 10. To the extent permitted by Article XI, Section 7 and Section 10 of the Oregon <br /> Constitution and by the Oregon Tort Claims Act, each party shall indemnify, within <br /> the limits of the Tort Claims Act, the other party against liability for damage to life or <br /> property arising from the indemnifying party's own activities under this agreement, <br /> provided that a party will not be required to indemnify the other party for any such <br /> liability arising out of the wrongful acts of employees or agents of that other party. <br /> 11. Notwithstanding the foregoing defense obligations under paragraph 10 above, <br /> neither party nor any attorney engaged by either party shall defend any claim in the <br /> name of the other party or any agency/department/division of such other party, nor <br /> purport to act as legal representative of the other party or any of its <br /> agencies/departments/divisions, without the prior written consent of the legal <br /> counsel of such other party. Each party may, at anytime at its election assume its <br /> own defense and settlement in the event that it determines that the other party is <br /> prohibited from defending it, or that other party is not adequately defending it's <br /> interests, or that an important governmental principle is at issue or that it is in the <br /> best interests of the party to do so. Each party reserves all rights to pursue any <br /> claims it may have against the other if it elects to assume its own defense. <br /> 2003 OTIA Program IGA page 5 of 9 <br /> <br />