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City of Eugene /State of Oregon -Dept. of Transportation <br /> Agreement No. 25302 <br /> City will.- be ineligible to receive or apply for any Enhancement Funds until State <br /> <br /> ~ receives full reimbursement of the costs incurred. <br /> <br /> i <br /> 19. City shall, at its own expense, maintain and operate the Project upon completion and <br /> throu hout the <br /> useful life of the Project at a minim m <br /> u level that is consistent with <br /> g J <br /> normal depreciation and service demand. State and City agree that the useful life of <br /> this Project is defined as fifty (50) years. <br /> 20. State may conduct periodic inspections during the life of City Certification Projects to <br /> verify that Projects are being properly maintained and continue to serve the purpose <br /> for which federal funds were provided. <br /> 21. State may terminate this Agreement effective upon delivery of written notice to City, <br /> or at such later date as may be established by State, under any of the following <br /> conditions: <br /> a. If City fails to provide services called for by this Agreement within the time <br /> specified herein or any extension thereof. <br /> b. If City fails to perform any of the other provisions of this Agreement, or so fails <br /> to pursue the work as to endanger performance of this Agreement in <br /> accordance with its terms, and after receipt of written notice from State fails to <br /> correct such failures within ten. (10) days or such longer period as State may <br /> authorize. <br /> c. If City fails to provide payment of its share of the cost of the Project. <br /> d.lf State fails to receive funding, appropriations, limitations or other <br /> expenditure authority sufficient to allow State, in the exercise of its reasonable <br /> administrative discretion, to continue to make payments for performance of <br /> this Agreement. <br /> e. If federal or state laws, regulations or guidelines are modified or interpreted in <br /> such a way that either the work under this Agreement is prohibited or if State <br /> is prohibited from paying for such work from the planned funding source. <br /> 22.Any termination of this Agreement shall not prejudice any rights or obligations <br /> accrued to the Parties prior to termination. <br /> 23. City, as a recipient of federal funds, pursuant to this Agreement with State, shall <br /> assume sole liability for City's breach of any federal statutes, rules, program <br /> requirements and grant provisions applicable to the federal funds, and shall, upon <br /> City's breach of any such conditions that requires State to return funds to the FHWA, <br /> hold harmless and indemnify State for an amount equal to the funds received under <br /> this Agreement; or if legal limitations apply to the indemnification ability of City, the <br /> Page 4 of 7 <br /> <br />