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INTERGOVERNMENTAL SE AGREEMENT Page 2 <br />BUS STOP/ SHELTER LI ING 41. <br />4. SAFETY. The installations will be performed in strict accordance with all appropriate <br />codes and regulations to assure compliance with safety considerations. Fusing of the <br />circuits will be provided at the points of connection in order to protect the PWD street light <br />circuits from damage due to any equipment malfunction or act of vandalism at the <br />passenger shelter. <br />5. INSPECTION. Inspection requirements, as mandated by City of Eugene Permit & <br />Information Department or by PWD, will be performed at LTD expense. <br />6. POWER COSTS. Eugene Water & Electric Board (EW EB) has agreed to establish an <br />account for LTD by which all power costs associated with the connections to PWD street <br />light circuits will be billed to and paid by LTD. <br />7. MAINTENANCE. All maintenance of the power connections from PWD street light circuits <br />from the points of connection shall be by, and at the expense of, LTD. <br />8. NOTICES. Notice to either party shall be deemed effective when transmitted and <br />acknowledged by facsimile transmission or e-mail, mailed by United States mail, or <br />delivered by express mail. <br />TO LTD AT: LANE TRANSIT DISTRICT <br />ATTN: CHARLIE SIMMONS <br />P.O. BOX 7070 <br />EUGENE, OR 97401 <br />FAX: (541) 682-6111 <br />EMAIL: charlie.simmons@ltd.lane.or.us <br />TO PWD AT: CITY OF EUGENE <br />PUBLIC WORKS DEPARTMENT/John Emmons <br />858 PEARL STREET <br />EUGENE, OR 97401 <br />FAX: (541)682-5032 <br />EMAIL: John.h.emmons@ci.eugene.or.us <br />9. Liabili / Indemnification. To the extent allowed by law, LTD shall defend, indemnify, and <br />hold PWD harmless from and against any and all claims, actions, damages, liability, and <br />expense for injury or damage to person or property arising out of or in any way related to <br />LTD's use of City-owned property for purposes of installing and maintaining LTD bus <br />stop shelter lighting. <br />i <br />10. Entire Agreement. This agreement constitutes the entire agreement between the parties <br />with respect to the subject matter hereof and may not be contradicted by evidence of any <br />prior or contemporaneous agreement. This agreement may not be modified, in whole & <br />in part, except by in writing and signed by both parties. j <br />11. Compliance with Law. PWD and LTD shall comply with all federal, state, and local lawsi, <br />rules, orders, ordinances, directions, regulations, and requirements pertaining to City's <br />use and occupancy of the lease premises. A copy of regulations regarding federally <br />funded contracts is attached as Exhibit A. <br />