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City of Eugene/ODOT <br /> Agreement No. 23,076 <br /> requirements and grant provisions applicable to the federal funds, and shall, upon <br /> Agency's breach of any such conditions that requires the State to return funds to the <br /> Federal Highway Administration, hold harmless and indemnify the State. for an amount <br /> equal to the funds received .under this Agreement; or if legal limitations apply to the <br /> indemnification ability of Agency, the indemnification amount shall be the :maximum <br /> <br /> ~ amount of funds available for expenditure, including any available contingency funds or <br /> other available non-appropriated funds, up to the amount received under this Agreement. <br /> 10.Agency shall enter into and execute this Agreement during a duly authorized session of <br /> its City Council. <br /> 11.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 waiver, <br /> consent, modification or change of terms of this Agreement shall bind either party. unless <br /> in writing and signed by both parties and all necessary approvals have been obtained. <br /> Such waiver, consent, modification or change, if made, shall be effective only in the <br /> specific instance and for the specific purpose given. The failure of State to enforce any <br /> provision of this Agreement shall not constitute a waiver by State of that or any other <br /> provision. <br /> IN WITNESS WHEREOF, the parties hereto have set their hands as of the day and year <br /> hereinafter written. <br /> This Project is in-the 2006-2009 Statewide Transportation Improvement Program, (Key No. <br /> 13404) that was approved by the Oregon Transportation Commission on August 17, 2005. <br /> The Oregon Transportation Commission on June 18, 2003, approved Delegation Order No. <br /> 2, which authorizes the Director to approve and execute. agreements for day-to-day <br /> operations.. Day-to-day operations include those activities required to implement the biennial <br /> budget approved by the Legislature, including activities to execute a project in the Statewide <br /> Transportation Improvement Program. <br /> Signature Page to Follow <br /> Key No. 13404 <br /> <br />