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City of Eugene / State of Oregon - Dept of Transportation <br />Agreement No. 25104 <br />6. State shall, at its own expense, maintain and operate all structures and <br />appurtenances installed on and along West 7t" Avenue from curb-to-curb, as a <br />result of this Project. <br />7. State's Project manager for this Project is Chuck Lemos, District 5 Project Manager, <br />644 "A" Street, Springfield, Oregon 97477-4609, phone (541) 736-8390, or assigned <br />designee upon individual's absence. City's Project manager shall be notified in <br />writing of any contact information changes during the term of this Agreement. <br />GENERAL PROVISIONS <br />1. This Agreement may be terminated by mutual written consent of both Parties. <br />2. 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 City fails to provide services called for by this Agreement within the <br />time specified herein or any extension thereof. <br />b. If City 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 <br />Agreement in accordance with its terms, and after receipt of written <br />notice from State fails to correct such failures within ten (10) days or <br />such longer period as State may authorize. <br />c. If State fails to receive funding, appropriations, limitations or other <br />expenditure authority sufficient to allow State, in the exercise of its <br />reasonable administrative discretion, to continue to make payments for <br />performance of this Agreement. <br />d. If federal or state laws, regulations or guidelines are modified or <br />interpreted in such a way that either the work under this Agreement is <br />prohibited or State is prohibited from paying for such work from the <br />planned funding source. <br />3. Any termination of this Agreement shall not prejudice any rights or obligations <br />accrued to the Parties prior to termination. <br />4. If City fails to maintain facilities in accordance with the terms of this Agreement, <br />State, at its option, may maintain the facility and invoice City, seek an injunction to <br />enforce the duties and obligations of this Agreement, or take any other action <br />allowed by law. <br />5. 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 />Page 7 of 11 <br />