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<br /> 7. Records/Inspection. CITY and LCOG shall each maintain records of its costs and expenses under this
<br /> agreement for a period of not less than three full fiscal years following completion of this agreement. Upon
<br /> reasonable advance notice, either party or its authorized representatives may from time to time inspect, audit, and
<br /> make copies of the other party's records.
<br /> 8. Indemnification. To the extent allowed by the Oregon Constitution and the Oregon Revised Statutes, each of the
<br /> parties hereto agrees to indemnify, defend, and save the other harmless from any claims, liability or damages
<br /> including attorney fees arising out of any error, omission or act of negligence on the part of the indemnifying party,
<br /> its officers, agents, or employees in the performance of this agreement.
<br /> 9. Insurance. Each party working under this agreement is either a subject employer under the Oregon Worker's
<br /> Compensation Law and shall comply with ORS 656.017, which requires each to provide Worker's Compensation
<br /> coverage for all its subject workers, or is an employer that is exempt under ORS 656.126.
<br /> 10. Subcontracting. CITY shall not subcontract its work under this agreement, in whole or in part, without the LCOG's
<br /> prior written approval. CITY shall require any approved subcontractor to agree, as to the portion subcontracted, to
<br /> comply with all obligations of CITY specified in this agreement. Notwithstanding LCOG's approval of a
<br /> subcontractor, CITY shall remain obligated for full performance of this agreement and LCOG shall incur no
<br /> obligation to any sub-contractor.
<br /> 11. Assignment. Neither party shall assign this agreement in whole or in part, or any right or obligation hereunder,
<br /> without the other party's written approval.
<br /> 12. Compliance With Laws. CITY shall comply with all applicable federal, state, and local laws, rules, ordinances,
<br /> and regulations at all times and in the performance of the work. CITY shall comply with all Federal statutes,
<br /> regulations, executive orders, and Federal requirements applicable to non-discrimination and environmental justice,
<br /> as they may be amended from time to time, which are herein incorporated by reference and made a part of this
<br /> Intergovernmental Agreement.
<br /> 13. Nondiscrimination. CITY, with regard to the work performed under this Intergovernmental Agreement, shall not
<br /> discriminate on the basis of race, color, national origin, Limited English Proficiency, gender, income, age, or
<br /> disability. CITY shall not participate either directly or indirectly in the discrimination prohibited by Federal statutes,
<br /> regulations, executive orders, and Federal requirements. CITY shall comply with regulations relative to
<br /> nondiscrimination and environmental justice including those described in Title VI of the Civil Rights.
<br /> '14. Notices. Any notices permitted or required by this agreement shall be deemed given when personally delivered or
<br /> upon deposit in the United State mail, postage fully prepaid, certified, return receipt requested, addressed to the
<br /> representative designated in paragraph 6. Either party may change its address by notice given to the other in
<br /> accordance with this paragraph.
<br /> 15. Integration. This agreement embodies the entire agreement of the parties. There are no promises, terms,
<br /> conditions or obligations other than those contained herein. This contact shall supersede all prior communications,
<br /> representations or agreements, either oral or written, between the parties.
<br /> 16. Interpretation. This agreement shall be governed by and interpreted in accordance with the laws of the state of
<br /> Oregon.
<br /> 17. Signatures.
<br /> CITY OF EUGENE: X21, LANE COON OF GOVERNMENTS:
<br /> By: ~ By:
<br /> (sign ture) ~ (sign re)
<br /> Name: Kurt orey Name: George Kloeppel
<br /> Title: Public Works Direct Title: Executive Director
<br /> Date: S`- Date: /G ~ 6 9
<br /> LCOG: L:ICONTRAC7IEUGENEIPWEIEUGUPWPFYIO.DOC
<br /> Last Saved: October 6, 2009
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