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Local Agency Agreement Page 3 <br /> High Priority Project . <br /> 12/16/99 <br /> Attachments 1 and 2. In the event of a conflict, this agreement shall control over the <br /> attachments, and Attachment 1 shall control over Attachment 2. <br /> 6. Agency, as a recipient of grant funds, pursuant to this agreement with the State, <br /> shall assume sole liability for Agency's breach of the conditions of the grant, and <br /> shall, upon Agency's breach of grant conditions that requires the State to return <br /> funds to the Federal Highway Administration, the grantor, hold harmless and <br /> indemnify the State for an amount equal to the funds received under this agreement; <br /> or if legal limitations apply to the indemnification ability of Agency, the <br /> indemnification amount shall be the maximum amount of funds available for <br /> expenditure, including any available contingency funds or other available non- <br /> appropriated funds, up to the amount received under this agreement. <br /> 7. Agency represents that this agreement is signed by personnel duly authorized to do <br /> so by the City Council. <br /> <br /> 8. This agreement and attached exhibits and attachments constitute the entire <br /> agreement between the parties on the subject matter hereof. There are no <br /> understandings, agreements, or representations, oral or written, not specified herein <br /> regarding this agreement. No waiver, consent, modification or change of terms of <br /> this agreement shall bind either party unless in writing and signed by both parties <br /> and all necessary approvals have been obtained. Such waiver, consent, <br /> modification or change, if made, shall be effective only in the specific instance and <br /> for the specific purpose given. The failure of State to enforce any provision of this <br /> agreement shall not constitute a waiver by State of that or any other provision. <br /> SIGNATURE PAGE TO FOLLOW <br /> . _ <br /> <br />