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City of Eugene / State of Oregon - Dept of Transportation <br />Agreement No. 25104 <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 />6. 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 State to enforce any provision of this Agreement shall not constitute a waiver by <br />State of that or any other provision. <br />IN WITNESS WHEREOF, the Parties, by execution of this Agreement, hereby <br />acknowledge that each Party has read this Agreement, understands it, and agrees to <br />be bound by its terms and conditions. <br />These Projects are in the 2008-20011 Statewide Transportation Improvement Program, <br />(Key Nos. 14559 and 16428) that was approved by the Oregon Transportation <br />Commission on November 14, 2007. <br />The Oregon Transportation Commission on December 29, 2008, approved Delegation <br />Order No. 2, which authorizes the Director to approve and execute agreements for day- <br />to-day operations. Day-to-day operations include those activities required to implement <br />the biennial budget approved by the Legislature, including activities to execute a project <br />in the Statewide Transportation Improvement Program. <br />Signature page to follow <br />Page 8 of 11 <br />