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City of Eugene/ODOR" <br /> Agreement No. 22,11-~ <br /> 7. 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 /> 8. Agency shall- enter into and execute this Agreement during a=-duly authorized <br /> session of its City Council <br /> 9. 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 and affixed their <br /> seals as of the day and year hereinafter written. <br /> This Project is in the 2004-2007 Statewide Transportation Improvement Program, (key <br /> <br /> #13403) that was. approved by the Oregon Transportation Commission on November <br /> 17, 2003 (or subsequently`approved by amendment to the STIP). <br /> Signature Page to Follow. <br /> 3 <br /> <br />