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Eugene/State of Oregon, G, ~ ~rtment of Transportation <br /> Agreement No. 22, 289 <br /> 9. Agency, as a recipient of federal funds, pursuant to this Agreement with the State, <br /> shall .assume sole liability for Agency's breach of any federal statutes, rules, <br /> program requirements and grant .provisions .applicable to the federal funds, and <br /> shall, upon Agency's breach of any such conditions that requires the State to return <br /> funds to the Federal Highway Administration, hold harmless and indemnify the State <br /> for an amount equal to the funds received under this Agreement; or if legal <br /> limitations apply to the indemnification ability of Agency, the indemnification amount <br /> shall be the maximum amount of funds available for expenditure, including any <br /> available contingency funds or other available non-appropriated funds, up to the <br /> amount received under this Agreement. <br /> 10. Agency certifies that the individual signing on its behalf is authorized to bind City to <br /> the terms of this Agreement, and will provide upon request of :State the appropriate <br /> ordinance, resolution, delegation or other action granting such authority. <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 <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 /> of State to enforce any provision of this Agreement shall not constitute a waiver. by <br /> State of that or any other provision. <br /> IN WITNESS WHEREOF, the parties .hereto have set their hands as of the day and <br /> year hereinafter written. <br /> This Project is in the 2004-2007 Statewide Transportation Improvement Program, (Key <br /> <br /> . #13399) that was approved by the Oregon Transportation Commission on November <br /> 17,.2003. <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 <br /> Transportation Improvement Program or a line item in the biennial budget approved by <br /> the Commission. <br /> Signature Page to Follow <br /> Key No. 13399 3 <br /> <br />