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Agency/State <br /> Agreement No.22236 <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 /> e. If federal or state laws, regulations or guidelines are modified or <br /> interpreted in such a way tha# either .the work under this Agreement is <br /> prohibited or State is prohibited from paying for such work from the <br /> planned funding source. <br /> 3. Any termination of this Agreement shall not prejudice any rights or obligations <br /> accrued to ;the parties prior to termination. If any funds are remaining from the <br /> advance deposit,- they shall be refunded to State. <br /> 4. State, the Secretary of State's Office of the State of pregon, the federal <br /> government, .and their duly authorized representatives shall have access to the <br /> books, documents, papers, and records of Agency which are directly pertinent to the <br /> specific Agreement for the purpose of making audit, examination, excerpts, and <br /> transcripts for a period of three years after final payment. Copies of .applicable <br /> records shall be made available -upon .request. Payment for costs of copies is <br /> reimbursable by State. <br /> 5. 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 State approvals <br /> .have 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. of <br /> a party to enforce any provision of this Agreement shall not constitute a waiver by a <br /> party of that or any other provision. <br /> 1N WITNESS WHEREOF, the parties hereto have set their hands as of the day and year <br /> hereinafter written: <br /> The Oregon Transportation Commission approved this Project on November 17, 2003 <br /> as part of the Fiscal Year 2004-2007 Local Assistance Bicycle and Pedestrian Program. <br /> The funds are included in the Statewide Programs Section of the 2004-2007 Statewide <br /> Transportation Improvement Program (STIP~ <br /> The Oregon Transportation Commission on June 18, 2003, approved Delegation Order <br /> No. 3, Paragraph 12, which authorizes the Director and .Deputy Director, Highways to <br /> approve and execute all agreements pertaining to OTC approved local grant program <br /> <br /> agreements for bicycle and pedestrian projects. <br /> Signature Page to Follow <br /> 5 <br /> <br />