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'Agency/State <br /> Agreement No.23853 <br /> d. If State fails to receive funding, appropriations, limitations or other <br /> expenditure authority sufficient to allow State, in the exercise of its <br /> reasonable administrative discretion, to continue to make payments for. <br /> performance of this Agreement. <br /> e. 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 or State is prohibited from paying for such work from the <br /> planned funding source. <br /> 3. Any #ermination of this `Agreement shall-.not :prejudice any 'rights or obligations <br /> accrued to `the parties prior to. termination: If any funds are..- remaining from the <br /> :advance deposit, they shall be refunded to State. <br /> 4. State, the Oregon Secretary of State's Office,. the federal government,. and their duly <br /> authorized representatives shall have access to the books, documents, papers, and <br /> records of Agency which are directly pertinent to this Agreement for the purpose. of <br /> making. audit, examination, excerpts, and transcripts for a period of three years after <br /> final payment. Copies of applicable records shall be made available upon request. <br /> Payment for costs of copies is reimbursable by State. <br /> 5. This Agreement may be executed in several .counterparts (facsimile or otherwise] all <br /> of which when taken together shall constitute one agreement binding on all parties, <br /> notwithstanding that all parties are not signatories to the same counterpart. -Each <br /> copy of this Agreement so executed shall constitute an original. <br /> 6. This Agreement and attached exhibits constitute the entire agreement between the <br /> parties on the subject matter hereof. 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 State approvals <br /> have 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 of <br /> a party to .enforce any provision of this. Agreement shall not constitute a waiver by a <br /> party of that or any other provision. <br /> IN WITNESS WHEREOF, the parties hereto .have set their hands as of the day and year <br /> hereinafter written. <br /> The Oregon Transportation Commission on June 18, 2003 approved Delegation Order <br /> No. 3, Paragraph 12, which authorizes the Director and Deputy Director, Highways to <br /> approve and execute all agreements pertaining to OTC approved local grant program <br /> <br /> agreements for bicycle and pedestrian projects. <br /> 5 <br /> <br />