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201 possible. Full credit shall be allowed for the non-cancelable obligations properly incurred up to the <br /> 202 effective date of the termination. The State reserves the right to cancel this Agreement if no progress <br /> 203 on the Project is made within six months of the effective date of this Agreement. <br /> 204 <br /> 205 Termination Due to Non-Appropriation or Project Ineli ig <br /> bility: The State, upon thirty (30) days <br /> 206 written notice to the Sponsor, may modify or terminate this Agreement if the State fails to receive <br /> 207 funding or appropriations, limitations, or other expenditure authority at levels sufficient to pay the <br /> 208 allowable costs of the Project to be funded hereunder, or should state law, regulation or guidelines be <br /> 209 modified, changed or interpreted in such a way that the Project, or any portion of the Project, is no <br /> 210 longer eligible for RTP grant funding. <br /> .......211 <br /> 212 Remedies: The State shall have any and all rights and remedies available by law or in equity. <br /> 213 <br /> 214 General Provisions <br /> 215 <br /> .216 Participation in Similar Activities: This Agreement in no way restricts the Sponsor or the State from <br /> 217 participating in similar activities with other public or private agencies, organizations or individuals. <br /> 218 <br /> 219 Ownership: No part of this Agreement shall entitle the State to any share or interest in the Project <br /> 220 other than the right to use and enjoy the same under existing regulations of the Sponsor. The State is <br /> 221 not responsible or liable in any manner for the construction, operations or maintenance of the Project. <br /> 222 <br /> 223 Duplicate Pam: The Sponsor shall not be compensated for or receive any other form of <br /> 224 duplicate, overlapping or multiple payments for the same work performed under this Agreement from <br /> 225 any agency of the State of Oregon or the United States of America or any other party, organization or <br /> <br /> ' ~ 226 individual. All Sponsor matching contributions to this Agreement must be used and expended for this ' <br /> 227 project only and within the project period. <br /> 228 <br /> 229 No Third Party Beneficiaries: The State and the Sponsor are the only parties to this Agreement and <br /> 230 are the only parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, <br /> 231 or shall be construed to give or provide any benefit or right, whether directly or indirectly, to a third <br /> 232 pexson unless such a third person is individually identified by name herein and expressly described as <br /> 233 intended beneficiary of the terms of this Agreement. <br /> 234 ' <br /> 235 Freedom of Information: Any information furnished under this agreement is subject to the Freedom <br /> 236 of Information Act (5 U. S. C. 552). <br /> 237 <br /> 238 Notices: Written notices or communications to the State or Sponsor under this agreement will be <br /> 239 addressed and mailed to the following: <br /> 240 <br /> 241 State: Sponsor: <br /> 242 Oregon Parks and Recreation Department City of Eugene, Parks & Open Spaces <br /> 243 RTP Grant Program Coordinator Sarah Medary, Natural Resources Planner <br /> 244 .725 Summer Street NE, Suite C 1820 Roosevelt Blvd <br /> 245 Salem, OR 97301 Eugene, OR 97402 <br /> 246 Phone: 503-986-0708 Phone: (541) 682-4842 <br /> 247 FAX: 503-986-0793 <br /> 248 <br /> 249 Waiver Clause: THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN <br /> 25o THE STATE AND THE SPONSOR. NO WAIVER CONSENT, MODIFICATION OR CHANGE <br /> RTP Grant Program /Revised 7/05 Page 5 of 6 <br /> <br />