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<br />WHEREAS, the rules and procedures for the selection and administration of the Statewide <br />Transportation Enhancement Program are established in 43 T AC Sections 11.200 et seq.; and <br /> <br />WHEREAS, the governing body of the Local Government has approved entering into this <br />Agreement by resolution or ordinance dated August 5. 1999, which is attached hereto and made <br />a part hereof as Attachment A; <br /> <br />NOW, THEREFORE, in consideration of the premises and of the mutual covenants and <br />agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set <br />forth, it is agreed as follows: <br /> <br />AGREEMENT <br /> <br />1. Period of the Agreement <br /> <br />This Agreement becomes effective when signed by the last party whose signing makes the <br />respective agreements fully executed. This Agreement shall remain in effect until terminated as <br />provided in Article 2. <br /> <br />2. Termination of this Agreement <br /> <br />This agreement may be terminated by any of the following conditions: <br />. by mutual written consent and agreement of all parties. <br />. by any party with 90 days written notice <br />. by either party, upon the failure of the other party to fulfill the obligations as set forth in <br />this Agreement. Any cost incurred due to such breach of contract shall be paid by the <br />breaching party <br /> <br />A. The termination of this Agreement shall extinguish all rights, duties, obligations and <br />liabilities of the State under this Agreement. If the potential termination of the <br />Agreement is due to the failure of the Local Government to fulfill its contractual <br />obligations, the State will notify the Local Government that possible breach of contract <br />has occurred. The Local Government should make every effort to remedy the breach <br />within a period mutually agreed upon by both parties, <br />B. If the Local Government withdraws from the Project after this Agreement is executed, it <br />shall be responsible for all direct and indirect Project costs as identified by the State's <br />cost accounting system. <br />C. A Project may be eliminated from the program as outlined below. If the Project is <br />eliminated for any of these reasons, this Agreement will be appropriately terminated. A <br />Project may be eliminated from the program, and this Agreement terminated, if: <br />i. The Local Government fails to satisfy any requirements of the program rules cited as <br />43 TAC ~11.200 et seq. <br /> <br />2 <br />