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. GRACE CHANGE LIABILITY <br /> 42. Agency, if a Count , acknowled es the effect and <br /> Y g scope of ORS X05.755 and agrees that afl <br /> acts necessary to complete construction of the Project which may alter ar char a the rode <br /> g g <br /> of existing county roads are been accom fished at the direct re u <br /> g p q gist of the County. <br /> 43, Agency, if a City, hereb acre is res onsibilit for all clai <br /> Y p p y ms for damages from grade <br /> ,changes. ,Approval of plans by Sta#e shall not subject State to liability under ORS X05.760 <br /> for change of grade. <br /> 44. Agency, . if a City, by execution of A regiment fives its c ' <br /> g , g onsent as required by, aRS <br /> 313.0342}~ to any and al! changes of grade within the City limits, and gives its consent as <br /> required by ORS 373.6541 to any and all closure of streets intersectin th ' <br /> g e highway, if any <br /> there be in connection with or arising out of the ro`ect covered b the A regiment. <br /> p~ Y g <br /> coNTRACTOR CLAIMS <br /> 45. Agency shall, to the extent permitted b state law indemni hold ~ <br /> . Y fy, harmless and .provide <br /> legal defense for State against ail clams brought by the contractor, or others resultin from <br /> g <br /> Agency's failure to comply with the terms of this Agreement. <br /> E <br /> ' E <br /> E <br /> 46. Notwithstanding the foregoing defense obligations under Paragraph 45, neither A enc nor <br /> g Y <br /> any attorney engaged by Agency shall defend any claim in the name of the State of Ore on <br /> 9 <br /> or any agency of tho State of Oregon, nor purpork to act as legal representative of the State <br /> of Oregon or any of its agencies, without the prior written consent of the Ore on Attorne <br /> g Y <br /> General. The State of Oregon may, at anytime at its election assume its own defense <br /> and <br /> settfemen# ~n the event that it determines that A enc is rohi 't <br /> b~ ed from defer <br /> g Y p ding the State <br /> of Oregon, or that Agency is not adequately defendin the State of Ore on's interests or <br /> g g , <br /> that an-~per~af~t--giver-nm~pr~nctple--is-~-issue or that it is in the best interests of the <br /> State of Oregon to do so. The State of Oregon reserves ail ri hts to ursue an claims it <br /> g p Y <br /> may have against Agency if the State of Oregon elects to assume its own defense. <br /> MAINTENANCE RESPONSIBILITIES <br /> 47: Agency shall, upon completion of cons#ruction, thereafter maintain and a erate t <br /> p he Project <br /> at its own cost and expense, and in a manner satisfactory to State and FHVIIA. <br /> woRKERS' COMPENSATION COVERAGE <br /> 48 <br /> .All em to ers ~nclud~ ~ <br /> p y ng Agency that employ subject workers who work under this <br /> Agreement in the State of Oregon shall comply with ORS 6~6.0~7 and provide the re wired <br /> q <br /> Vlrorkers' Compensation coverage unless such employers are exem t under ORS 656.126. <br /> . p. ! <br /> Agency shall ensure that each of its contractors compf~es with these requirements. <br /> <br /> . LogBYING RESTRICTIONS <br /> 49. Agency certifies by signin the A regiment ghat: ~ <br /> g g <br /> A. No federal appro rioted funds have been aid ar will b <br /> p p e paid, by ar on behalf of the <br /> undersigned, to any person far influencin or attern tin to influence an offs <br /> 9 p g cer or <br /> employee of any federal agency, a Member of Congress, an officer or em to ee of <br /> pY <br /> Congress, or an employee of a Member of Congress in connection with the awardin of . <br /> an .fed r g <br /> y e a1 contract, the making of any federal grant, the making of any federal loan, <br /> the entering into of any cooperative ~ agreement, and .the extension, continuation, <br /> STDPRQ~2006.doc g <br /> .Rev. 7-32006 <br /> <br />