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City of Eugene /State of Oregon -Dept. of Transportation <br /> <br /> Agreement No. 25, 384 <br /> shall be presented for periods of not less than one (1) month duration, <br /> based on actual expenses incurred. <br /> c. Upon completion of right of way acquisition and receipt from State of a <br /> final itemized statement, Agency shall pay an amount which, when added <br /> to said advance deposit, will equal 100 percent of the final total actual <br /> cost. Any portion of deposits made in excess of the final total costs of <br /> Project shall be refunded to Agency. <br /> GENERAL PROVISIONS <br /> 1. This Agreement may be terminated by either Party upon thirty (30) days' notice, in <br /> writing and delivered by certified mail or in person, under any of the following <br /> conditions: <br /> a. If either Party fails to provide services called for by this Agreement within <br /> the time specified herein or any extension thereof. <br /> b. If either Party fails to perform any of the other provisions of this Agreement <br /> or so fails to pursue the work as to endanger performance of this <br /> Agreement in accordance with terms, and after receipt of written notice <br /> fails to correct such failures within ten (10) days or such longer period as <br /> may be authorized. <br /> c. If Agency fails to provide payment of its share of the cost of the Project. <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 that 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 /> 2. Any termination of this Agreement shall not prejudice any rights or obligations <br /> accrued to the Parties prior to termination. <br /> 3. Agency acknowledges and agrees that State, the Oregon Secretary of State's <br /> Office, the federal government, and their duly authorized representatives shall have <br /> access to the books, documents, papers, and records of Agency which are directly <br /> pertinent to this Agreement for the purpose of making audit, examination, excerpts, <br /> and transcripts for a period of six (6) years after final payment. Copies of applicable <br /> Page 4 of 19 <br /> <br />