persons 55 years of age or older at the time of annexation until this <br /> Agreement terminates. The City will extend those fee concessions for <br /> use of the Emerald Park Facility to other residents of the City who are <br /> 55 years of age or older at the time of annexation. <br /> 4. Term. If annexation of the River Road area has not occurred by <br /> June 30, 1996, this Agreement shall expire at that time. Should annexation <br /> occur by then, this Agreement shall terminate three years after annexation. <br /> 5. Enforceability. This Agreement may be enforced only by the City of <br /> Eugene, a majority of the members of the Board of Directors of the River Road <br /> Park and Recreation District during their term in office, and a majority of <br /> future members of the Transition Committee appointed under Paragraph 2.1 <br /> above. No third -party beneficiary rights are created by this Agreement. <br /> 6. Assignment and Modification. This Agreement may not be assigned by <br /> either party without the prior written consent of the other. Any modification <br /> shall be in writing. No change in the character or extent of the obligations <br /> of the parties shall be made except by prior written agreement between the <br /> City and the District Board, or upon dissolution of the District Board, <br /> between the City and the Transition Committee. <br /> 7. Duty of Good Faith and Fair Dealing. Each party owes to the other a <br /> duty of good faith and fair dealing. The District Board shall develop future <br /> budgets using standards it has used in the past in the enactment of budgets. <br /> Each party pledges to negotiate in good faith any modifications to this <br /> Agreement needed because of unanticipated circumstances or changes in <br /> conditions. <br /> 8. Disclaimer of Warranties of Representations. The City and District <br /> makes this Agreement only to the extent allowed by law. No warranty, express <br /> or implied, of the authority of the City or District to abide by this <br /> INTERGOVERNMENTAL AGREEMENT - -6 <br />