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City of Eugene /State <br /> <br /> Agreement No. 25396 <br /> a. If the other Party fails to provide services called for by this Agreement within the <br /> time specified herein or any extension thereof. <br /> b. If the other Party fails to perform any of the other provisions of this Agreement or <br /> so fails to pursue the work as to endanger performance of this Agreement in <br /> accordance with its terms, and after receipt of written notice fails to correct such <br /> failures within ten (10) days or such longer period as may be authorized. <br /> 3. 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 State fails to receive funding, appropriations, limitations or other expenditure <br /> authority sufficient to allow State, in the exercise of its reasonable administrative <br /> discretion, to continue to make payments for performance of this Agreement. <br /> b. 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 State is <br /> prohibited from paying for such work from the planned funding source. <br /> <br /> 4. Any termination of this Agreement shall not prejudice any rights or obligations <br /> accrued to the Parties prior to termination. <br /> 5. The Parties hereto agree that if any term or provision of this Agreement is declared <br /> by a court of competent jurisdiction to be invalid, unenforceable, illegal or in conflict <br /> with any law, the validty of the remaining terms and provisions shall not be effected, <br /> and the rights and obligations of the Parties shall be construed and enforced as if <br /> the Agreement did not contain the particular term or provisions held to be invalid. <br /> <br /> 6. This Agreement may be executed in several counterparts (facsimile or otherwise) all <br /> of which when taken together shall constitute one agreement binding on all Parties, <br /> notwithstanding that all Parties are not signatories to the same counterpart. Each <br /> copy of this Agreement so executed shall constitute an original. <br /> 7. This Agreement and attached exhibits constitute the entire agreement between the <br /> Parties on the subject matter hereof. There are no understandings, agreements, or <br /> representations, oral or written, not specified herein regarding this Agreement. No <br /> waiver, consent, modification or change of terms of this Agreement shall bind either <br /> Party unless in writing and signed by both Parties and all necessary approvals have <br /> been obtained. Such waiver, consent, modification or change, if made, shall be <br /> effective only in the specific instance and for the specific purpose given. The failure <br /> of Parties to enforce any provision of this Agreement shall not constitute a waiver by <br /> Parties of that or any other provision.. <br /> 6 <br /> <br />