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City of Eugene/ODOT ~ ' <br /> Agreement No. 23,070 <br /> amount of funds available for expenditure, including any available contingency funds or <br /> other available non-appropriated funds, up to the amount received under this Agreement. <br /> 10.Agency shall enter into and execute this. Agreement during a duly authorized session of <br /> its City Council <br /> 11.This Agreement and attached exhibits. constitute the entire agreement .between the <br /> arties on the <br /> p subject matter hereof. There are no understandings, agreements, or <br /> representations, oral. or written, not specified herein regarding this Agreement. No waiver, <br /> consent, modification or change of terms of this Agreement shall bind either party unless <br /> in writing and signed by both parties and all. necessary approvals have been obtained. <br /> Such waiver, consent, modification or change, if made, shall be effective only in the <br /> specific instance and for the specific purpose given. The failure of State to enforce any <br /> provision of this Agreement shall not constitute a waiver by State of that or any other <br /> provision. <br /> IN WITNESS .WHEREOF, the parties hereto have set their hands as of the day and year <br /> hereinafter written. <br /> This Project is in the 2006-2009 Statewide Transportation Improvement Program, (Key # <br /> 14502) that was approved by the Oregon Transportation Commission on August 17, 2005. <br /> The Oregon Transportation Commission on June 18, 2003, approved Delegation Order No, <br /> 2, which authorizes the Director to approve and execute agreements for day-to-day <br /> operations. Day-to-day operations include those activities required to implement the biennial <br /> budget approved by the Legislature, including activities to execute a project in the Statewide <br /> Transportation Improvement Program. <br /> Signature Page to Follow <br /> 3 <br /> <br /> Key No. 14502 - <br /> <br />