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Agreement No. 12409 <br />THE CITY OF EUGENE <br />GENERAL PROVISIONS <br />1. The Contractor, its subcontractors, if any, and ;all <br />employers working under this agreement are subject employers <br />under the Oregon Workers' Compensation Law and shall; comply with <br />ORS 656.017, which requires them to provide workers'; <br />compensation coverage for all their subject workers.; <br />2. Agency accepts liability, up to its Constitutional and <br />statutory limits, for any accidents or damage occurring as a <br />result of Agency's negligent acts when Agency personnel are <br />working on ODOT property. <br />3. If any provision of this agreement is held by a!court to be <br />invalid, such invalidity shall not affect any other provision of <br />this agreement. This agreement shall be construed as if such <br />invalid provision had never been included. <br />4. Agency shall be responsible for all costs.and expenses <br />related to its employment of individuals to perform the work <br />under this agreement, including but not limited to fERS <br />contributions, workers' compensation, unemployment taxes, and <br />State and Federal income tax withholding. <br />5. Agency agrees to comply with all applicable State, Federal <br />and local laws, rules, regulations and ordinances, including <br />but not limited to those pertaining to Civil Rights <br />6. This agreement may be.terminated by mutual consent of both <br />parties, or by either party upon 30 days notice, inwriting and <br />delivered by certified mail or in person. <br />ODOT may terminate this agreement effective upon delivery of <br />written notice to the Agency at such later date as may be <br />established by ODOT under any of the following conditions, but <br />not limited to these conditions: <br />A. If Agency fails to provide services called for by this <br />agreement within the time frame specified herein or any <br />extension thereof. <br />B. If Agency. fails to perform any of the other';provisions <br />of this agreement, or so fails to pursue work as to <br />endanger performance of this agreement in accordance with <br />its terms, and after receipt of written noticelfrom ODOT <br />fails to correct such failures within ten daysi,or such <br />longer period as ODOT may authorize. <br />A1394001 -3- <br />