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City of Eugene/ODOT <br /> Agreement No. 25723 <br /> Agency's breach of any such conditions that requires State to return funds to the <br /> FHWA, hold harmless and indemnify State for an amount equal to the funds received <br /> under this Agreement; or if legal limitations apply to the indemnification ability of <br /> Agency, the indemnification amount shall be the maximum amount of funds available <br /> for expenditure, including any available' contingency funds or other available non- <br /> appropriated funds, up to the amount received under this Agreement. <br /> 28. This Agreement and the Local Agency Certification Program (Certification Program) <br /> <br /> . Agreement No. 24651; and all and the attached exhibits constitutes 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 this <br /> Agreement shall bind either party unless in writing and signed by both Parties and all <br /> .necessary approvals have been obtained. Such waiver, consent, modification or <br /> change, if made, shall be effective only in the specific instance and for the specific <br /> purpose given. The failure of State to enforce any .provision of this Agreement shall <br /> not constitute a waiver by State of that or any other provision. <br /> 29. State's Project Liaison for the Agreement is Ted Keasey, Region. 2 Local Agency <br /> Liaison, 455 Airport Road SE, Building B, Salem, Oregon 97301-5395; telephone. <br /> (503) 986-6903, or by an individual designated by the State's Region Manager in the <br /> event of the unavailability of the aforementioned individual <br /> 30.Agency's Project Liaison for this Agreement is Matt Rodrigues, Project Manager, 99 E <br /> Broadway Suite 400, Eugene, Oregon 97401; telephone (541). 682-6036, or an <br /> individual designated by the Agency in the event of the unavailability of the <br /> aforementioned individual <br /> THE PARTIES, by execution of this Agreement, hereby acknowledge that each Party has <br /> read this Agreement, understands it, and agrees to be bound by its terms and conditions. <br /> This Project is in the 2008-2011 Statewide Transportation Improvement Program, Key <br /> No. 16443, that was approved by the Oregon Transportation Commission on November <br /> 14, 2007, or will be subsequently approved by amendment to the STIP. <br /> The Oregon Transportation Commission on December 29, 2008, approved Delegation <br /> Order No. 2, which authorizes the Director to approve and execute agreements for day- <br /> to-day operations when the work is related to a .project included in the Statewide <br /> Transportation Improvement Program or a line item in the biennial budget approved by <br /> .the Commission. <br /> Signature Page to Follow.. <br /> <br />