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City of Eu enelUD~T <br /> g <br /> Agreement No. 23,422 <br /> e. If federal or state laws, re ulatians or uidelines ' ' <br /> g g are mod~f~ed or <br /> interpreted in such a wa that either the work under th' <br /> Y ~s Agreement ~s <br /> prohibited or State is prohibited from a in for such work from t <br /> p Y g he . <br /> planned funding source. <br /> 9.. Any termination of this A regiment shall not re`udic <br /> g p ~ e any rights or obligations . <br /> accrued to the Parties prior to termination.. <br /> 1a. The Special and Standard Provisions attached <br /> hereto, marked Attachments 1 and <br /> 2, respectively, are by this reference made a art hereof. The Standar ' ' <br /> p d Prvvis~ons <br /> apply to all federal-aid projects and ma be modified oni b the ' ' <br /> Y y y Special Provisions. <br /> The Parties hereto mutual) a ree to the terms and conditions ' <br /> Y 9 set forth in <br /> Attachments 1 and 2. In the .event of a conflict this A reemerit s <br /> g hall control over <br /> the attachments, and Attachment 1 shall control over Attachment 2. <br /> 11. Agency, as a reci lent of federal funds ursuant <br /> p , p to this Agreement with the State, <br /> shall assume sale liability for Agency's breach of an federal statutes rules <br /> Y , <br /> program requirements and grant provisions a livable to the federal funds and <br /> pp <br /> shall, upon Agency's .breach of any such conditions that re wires the State to return <br /> q <br /> funds to the Federal Highway Administration, hold harmless and indemni the State <br /> fY <br /> for an amount equal to the funds received under this A reem <br /> ent or if le <br /> 1 al <br /> . 9 9 <br /> l~m~tations apply to the indemnification ability of Agenc ,the indemnification amount <br /> Y <br /> shall be the maximum amount of funds available for ex enditure includin <br /> p r g any <br /> available contingency funds or other available nonwappro rioted funds, u to the <br /> p p <br /> amount received under this Agreement. <br /> 12. Agency represents that this.A regiment is si ned ~ <br /> g g by personnel duly authorized to do <br /> so by the City Council. <br /> 13. This Agreement ma be executed in several counter art ' <br /> Y p s facsimile or otherwise} all <br /> of which when taken together shall constitute one a regiment bindin on all Parties <br /> • g g <br /> notwithstanding that all Parties are not signatories to the same counter art. Each <br /> . P <br /> copy of this Agreement so executed shall~constitute an on final. . <br /> 9 <br /> <br /> 14. This Agreement and attached exhibits constitute the entire a re <br /> g ement between thgi <br /> Parties on the sub`ect matter hereof. There are no and <br /> J erstandings, agreements, or <br /> representations, oral or written, not s ecified herein re ardin this A regiment. <br /> p g g g No <br /> waiver, consent, modification or .than a of terms of this A ' <br /> . g greement shall bind either <br /> a unless in writin and ' <br /> p rty si ned b both Parties an <br /> g g y d all necessary approvals have <br /> been obtained. Such waiver, consent, modification or chap a if made <br /> • g , ,shall be <br /> effective only in the specific instance and for the specific ur ose iven. The failure <br /> p p g <br /> of State to enforce any provision of this A regiment shall not constitute a waiver b <br /> g Y <br /> State of that or any other provision. <br /> 3 <br /> <br />