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01/20/00 THLT 08.41 FA% 503 986 2840 ODOT REGION 2 ~ 004 <br /> usicuiuu ~ts:~v r'na uv~atsts~tsatf UllU'1' Y1tJ(.1" aUY. 1®004 <br /> ~ ~ ~ a ~ . <br /> Local Agency Agreement ' . ~ ~9B 3 <br /> Hlgh Pnonlty Protect <br /> Attachme~ts• 1,and 2. In the evenfiof a conflict, this agreement shall contra[ over the <br /> j attachments, and Attachment t shall control over Attachment 2_ <br /> . . <br /> j 6. Agency, 'as a recipient'of grant•funds, pursuant to this agreement with the State, <br /> <br /> j shalt assume sole liability for Agency's breach of the conditions of the grant, and <br /> shalt, 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 /> indemn'rFy the State for,,,an~~amount equal to the funds received under this agreement; <br /> or 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 /> B. This agreement and attached exhibits and attachments constitute the entire <br /> agreement between the parties on tf7e subject matfier 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 /> modtfication or change, if made, shalt 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 shalt not constitute a waiver by State of that or any other provision. <br /> SIGNATURE PAGE T4 FOL,LOW <br /> <br />