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City of Eugene/ODOT. <br /> <br /> .Agreement No. 22,11't <br /> CONTRACTOR CLAIMS <br /> 44. Agency shall, to the extent permitted by State law, indemnify, hold harmless and provide <br /> legal defense for the Stateagainst all claims brought by. the contractor, or others resulting <br /> from Agency's failure to comply with the terms of this Agreement. <br /> 45. Notwithstanding the foregoing defense obligations under paragraph 44, neither Agency nor <br /> any attorney engaged by Agency shall defend any claim in the name of the State of Oregon <br /> or any agency of'the State of Oregon, nor purport to act as legal representative of the State <br /> of Oregon or any of its agencies, without the prior written consent of the Oregon Attorney <br /> General. The State of Oregon may, at ;anytime at its election assume its own defense and <br /> settlement in the event that it determines that Agency is prohibited from defending the State <br /> of Oregon, or that Agency is not adequately defending the State of Oregon's interests, or <br /> that an important governmental principle is at issue or that it is in the best interests of the <br /> State of Oregon to do so. The State of Oregon reserves all rights to pursue any claims it <br /> may have against Agency if the State of Oregon elects to assume its own defense. <br /> MAINTENANCE RESPONSIBILITIES <br /> 46. Agency shall, upon completion of construction, thereafter maintain and operate the project <br /> at its own cost and expense, and in a manner satisfactory to State and the FHWA. <br /> WORKERS' COMPENSATION COVERAGE <br /> 47. All employers, including Agency that employ subject workers who work under this <br /> Agreement in the State of Oregon shall comply with ORS 656.017 and provide the required <br /> Workers' Compensation coverage unless such employers are exempt under ORS 656..126. <br /> Agency shall ensure that each of its contractors complies with these requirements. <br /> LOBBYING RESTRICTIONS <br /> 48. Agency certifies by signing the Agreement that: <br /> A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the <br /> undersigned, to any person for influencing or attempting to influence an officer. or <br /> employee of any Federal agency, a Member of Congress, an officer or employee of <br /> Congress, or an employee of a Member of Congress in connection with the awarding of <br /> any Federal contract, the making of any Federal grant, the making of any Federal loan, <br /> the entering into of any cooperative agreement, and the extension, continuation, <br /> renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative <br /> agreement. <br /> B. If any funds other than Federal appropriated funds have been paid or will bE paid to any <br /> person for influencing or attempting to influence an officer or employee of any Federpl <br /> agency, a Member of Congress, an officer or employee of Congress, or an employee of <br /> a Member of Congress in connection with this Federal ~ contract, grant, loan, or <br /> cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, <br /> "Disclosure Form to Report Lobbying," in accordance with its instructions. <br /> 15 <br /> <br />