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Surface Transportation Program Agreement Page 3 <br /> 05/13/04 <br /> Agency's breach of any such conditions that requires the State to return funds to the <br /> <br /> ' Federal Highway Administration (FHWA), hold harmless and indemnify the State for an <br /> amount equal to the funds received under this Agreement; or if legal limitations apply <br /> to the indemnification ability of Agency, the indemnification amount shall be the <br /> maximum amount of funds available for expenditure, including any available <br /> contingency funds or other available non-appropriated funds, up to the amount <br /> received under this Agreement. <br /> 7. Agency personnel who sign this Agreement have been duly authorized by the City <br /> Council to do so. <br /> 8. 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 vvritten, 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 of <br /> State to enforce any provision of this Agreement shall not constitute a waiver by State <br /> of that or any other provision. <br /> IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals <br /> as of the day and year hereinafter written. <br /> This Project is in the 2004-07 Statewide Transportation Improvement Program (Key No. <br /> 13377) that was approved by the Oregon Transportation Commission on November 17, <br /> 2003. <br /> The federal funding for this Project is contingent upon approval by FHWA. Any work <br /> performed prior to acceptance by FHWA will be considered nonparticipating and. paid for <br /> at Agency expense. <br /> The Oregon Transportation Commission on June 18, 2003, approved Delegation Order <br /> No. 2, which authorizes the Director to approve and execute agreements for day-to-day <br /> operations when the work is related to a project included in the Statewide Transportation <br /> Improvement Program or a line item in the biennial budget approved by the Oregon <br /> Transportation Commission. <br /> <br />