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City of Eugene/ODOT <br /> Agreement No. 22,213 <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 contin enc funds or other available non-a ro riated funds u to the <br /> 9 Y pp p P <br /> .amount received under this A e <br /> gr ement. <br /> 10. Agency shall enter into and execute this Agreement during a duly authorized <br /> session of 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 <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 far 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 WHE~tEOF, 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, (trey <br /> #13400) that was approved by the Oregon Transportation Commission on November <br /> 17, 2003 (or subsequently approved by amendment to the STIP). <br /> The Oregon Transportation Commission on June 1$, 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 /> <br /> the Commission. <br /> r.-r- <br /> Signature rage to Foliow <br /> 3 <br /> <br />