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r <br /> , <br /> City of Eugene/ODOT <br /> Agreement No. 23,070 <br /> 4. The term of this Agreement shall begin on the date all required signatures are obtained <br /> and shall terminate upon completion of the Project and final payment or ten calendar <br /> years following the date all required signatures are obtained, whichever is sooner. <br /> 5. This Agreement may be terminated by mutual written consent of the parties. <br /> 6. State may terminate this Agreement effective upon delivery of written notice to Agency, or <br /> at such later date as may be established by State, under any of the following conditions: <br /> a. If Agency fails to provide services called for by this Agreement within the time <br /> specified herein or any extension thereof. <br /> b. If Agency fails to perform any of the other provisions of this Agreement, or so <br /> fails to pursue the work as to endanger performance of this Agreement in <br /> accordance with its terms, and after receipt of written notice from State fails- <br /> to correct such failures within 10 days or such longer period as State may <br /> authorize. <br /> c. If Agency fails to provide payment of its share of the cost of the Project. <br /> d. If State fails to receive .funding, appropriations, limitations or other <br /> expenditure authority sufficient to allow State, in the exercise of its <br /> reasonable administrative discretion, to continue to make payments. for <br /> performance of this Agreement. <br /> <br /> - e. If federal or state laws, regulations or guidelines are modified or interpreted in <br /> such a way that either the work under this Agreement is prohibited or if State <br /> is prohibited from paying for such work from the planned funding source. <br /> 7. Any termination of this Agreement shall not prejudice any rights or obligations accrued to <br /> the parties prior to termination. <br /> 8. The Special and Standard Provisions attached hereto, marked Attachments 1 and 2, <br /> respectively, are by this reference made a part hereof. The.Standard Provisions apply to <br /> all federal-aid projects and may be modified only by the Special Provisions. The parties <br /> hereto mutually agree to the terms and conditions set forth in Attachments 1 and 2. In the <br /> event of a conflict, this Agreement shall control over the attachments, and Attachment 1 <br /> shall control over Attachment 2. <br /> 9. Agency, as a recipient of federal funds, pursuant to this Agreement with the State, shall <br /> ,assume sole liability for Agency's breach of any federal statutes, rules, program <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 A' <br /> indemnification ability of Agency, the indemnification amount shall be the maximum <br /> 2 <br /> Key No. 14502 <br /> <br />