New Search
City of Eugene /State <br /> Agreement No. 25396 <br /> withhold right of way access to City, and shall work to accommodate City's <br /> emergency. <br /> 9. Upon completion of the Project, State hereby grants City the right to enter and <br /> occupy State right of way for access to City-owned utilities for the purpose of <br /> performing the necessary ongoing maintenance of the City-owned utilities. <br /> 10. State's Project Manager for this Project is Richard Upton, PE, Project Manager <br /> Major Projects Branch, 680 Cottage Street NE, Salem, Oregon 97301-2412, phone <br /> (503) 986-3477, or assigned designee upon individuals' absence. <br /> <br /> JOINT OBLIGATIONS <br /> 1. The Parties agree to work cooperatively with each other in support of mutual <br /> interests. <br /> 2. To the extent permitted by Article XI, Section 7 and Section 10 of the Oregon <br /> Constitution and by the Oregon Tort Claims Act, each Party shall indemnify each <br /> other Party against liability for damage to life or property arising from the <br /> indemnifying Party's own activities under this Agreement, provided that a Party will <br /> not be required to indemnify the other Party for any such liability arising out of the <br /> wrongful acts of employees or agents of that other Party. <br /> 3. Notwithstanding the foregoing defense obligations under the paragraph above, no <br /> Party nor any attorney engaged by any Party(s) shall defend any claim in the name <br /> of the Party(s) or any agency/department/division of such other Party(s), nor purport <br /> to act as legal representative of the Party(s) or any of its agencies/ <br /> departments/divisions, without the prior written consent of the legal counsel of any <br /> such other Party(s). Each Party may, at anytime at its election assume its own <br /> defense and settlement in the event that it determines that the other Party(s) is/are <br /> prohibited from defending it, or other Party(s) is/are not adequately defending its <br /> interests, or that an important governmental principle is at issue or that it is in the <br /> best interests of the Party(s) to do so. Each Party reserves all rights to pursue any <br /> claims it may have against the other Parties if it elects to assume its own defense. <br /> GENERAL PROVISIONS <br /> 1. This Agreement may be terminated by mutual written consent of both Parties. <br /> <br /> 2. Either Party may terminate this Agreement effective upon delivery of written notice <br /> to other party, or at such later date as may be established by that party, under any <br /> of the following conditions: <br /> 5 <br /> <br />