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City of Eugene / City of Springfield / State of Oregon Page 7 of 9 Agreement No. 19131 b.' If the City of Eugene or the City of Springfield fail to perform any of the other · provisions of this Agreement, or so fail to pursue the work as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice from ODOT fails to correct SUch failures within 30 days or such longer period as ODOT may authorize. Any temfination of this Agreement shall not prejudice' any rights or obligations accrued to the parties prior to termination. Termination of this Agreement prior to the construction of all identified transportation facilities and improvements shall result in the revocation of the public road approach permit and closure of the approach road or remedies in ORS 374.320. 6. All parties shall comply with all federal, state, and local laws, regulations, executive orders and ordinances applicable to the work under this Agreement, including, without limitation, the provisions of ORS 279.312, 279.314, 279.316, 279,320, 279.555, and 276.071, by this reference made a part hereof. Without limiting the generality of the foregoing, the parties expressly agree to comply with: (i) Title VI of Civil Rights Act of 1964; (ii) Section V of the Rehabilitation Act of 1973; (iii) the Americans with Disabilities Act of 1990 and ORS 659.425; (iv) all regulations and administrative roles established pursuant to the foregoing laws; and (v) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. 7. The City of Eugene and the City of Springfield acknowledge and agree that ODOT and the Oregon Secretary of State's Office and the federal government and their duly authorized representatives shall have access to such fiscal records and other books, documents, papers, plans and writing of the City of Eugene and the City of Springfield that are pertinent to this Agreement to perform examinations and audits and make excerpts and transcripts. The City of Eugene and the City of Springfield shall retain and keep all files and records for a minimum of three years after completion of the Project. 8. This Agreement, the Road Approach Permit (Construction Permit and Permit to Operate, Maintain and Use an Approach), and attached exhibits constitute the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No waiver, consent, modification, or change of terma of this Agreement shall bind either party unless in writing and signed by all parties and all necessary ODOT approvals have been obtained. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of ODOT to enforce any provision of this Agreement shall not constitute a waiver · by ODOT of that or any other provision. II-B-94