Common use of Terminate, Modify, and Amend Clause in Contracts

Terminate, Modify, and Amend. A. Any party to this PA may terminate it by providing thirty (30) days written notice to the other parties, provided that the parties shall consult during the period prior to termination to seek agreement on amendments or other action that would avoid termination. In the event of termination, FHWA shall conduct individual project review pursuant to 36 CFR Part 800. B. FHWA, INDOT, and the SHPO will review this PA every ten (10) years from the date of execution for modifications or termination. If no changes are proposed and no party objects, the term of the PA will be extended automatically for another ten years without re-execution. C. Any party to this agreement may request that it be amended, whereupon the parties shall consult to consider such amendment. The amendment will be effective on the date a copy is signed by all of the original signatories. The lists of minor projects in Appendices A and B may be modified by the mutual written agreement of FHWA, INDOT, and the SHPO, and shall not require a formal amendment to this agreement. Execution and implementation of this PA evidences that the Federal Highway Administration has satisfied its Section 106 responsibilities for all individual undertakings of highway projects covered under this agreement. 1. Any work on bridges limited to substructure or superstructure elements without replacing, widening, or elevating the superstructure under the conditions listed below (BOTH Conditions A and B must be met). This category does not include bridge replacement projects (when both superstructure and substructure are removed): A. The project takes place in previously disturbed soils; AND B. With regard to the bridges, at least one of the conditions (i, ii or iii) listed below must be satisfied: i. The latest Historic Bridge Inventory identified the bridge as non-historic (see xxxx://xxx.xx.xxx/indot/2531.htm); ii. The bridge was built after 1945, and is a common type as defined in Section V. of the Program Comment Issued for

Terminate, Modify, and Amend. A. Any party to this PA may terminate it by providing thirty (30) days written notice to the other parties, provided that the parties shall consult during the period prior to termination to seek agreement on amendments or other action that would avoid termination. In the event of termination, FHWA shall conduct individual project review pursuant to 36 CFR Part 800. B. FHWA, INDOT, and the SHPO will review this PA every ten (10) years from the date of execution for modifications or termination. If no changes are proposed and no party objects, the term of the PA will be extended automatically for another ten years without re-execution. C. Any party to this agreement may request that it be amended, whereupon the parties shall consult to consider such amendment. The amendment will be effective on the date a copy is signed by all of the original signatories. The lists of minor projects in Appendices A and B may be modified by the mutual written agreement of FHWA, INDOT, and the SHPO, and shall not require a formal amendment to this agreement. Execution and implementation of this PA evidences that the Federal Highway Administration has satisfied its Section 106 responsibilities for all individual undertakings of highway projects covered under this agreement. 1. Any work on bridges limited to substructure or superstructure elements without replacing, widening, or elevating the superstructure under the conditions listed below (BOTH Conditions A and B must be met). This category does not include bridge replacement projects (when both superstructure and substructure are removed): A. The project takes place in previously disturbed soils; AND B. With regard to the bridges, at least one of the conditions (i, ii or iii) listed below must be satisfied: i. The bridge is not identified in the latest Historic Bridge Inventory identified the bridge as nona National Register-historic listed or National Register-eligible (see xxxx://xxx.xx.xxx/indot/2531.htm); ii. The bridge was built after 1945, and is a common type as defined in Section V. of the Program Comment Issued for

Terminate, Modify, and Amend. A. Any party to this PA may terminate it by providing thirty (30) days written notice to the other parties, provided that the parties shall consult during the period prior to termination to seek agreement on amendments or other action that would avoid termination. In the event of termination, FHWA shall conduct individual project review pursuant to 36 CFR Part 800. B. FHWA, INDOT, and the SHPO will review this PA every ten (10) years from the date of execution for modifications or termination. If no changes are proposed and no party objects, the term of the PA will be extended automatically for another ten years without re-execution. C. Any party to this agreement may request that it be amended, whereupon the parties shall consult to consider such amendment. The amendment will be effective on the date a copy is signed by all of the original signatories. The lists of minor projects in Appendices A and B may be modified by the mutual written agreement of FHWA, INDOT, and the SHPO, and shall not require a formal amendment to this agreement. Execution and implementation of this PA evidences that the Federal Highway Administration has satisfied its Section 106 responsibilities for all individual undertakings of highway projects covered under this agreement.. Category A (Minor Projects Requiring No Review by INDOT Cultural Resources Staff) 1. Any work Work to be done on bridges limited to substructure or superstructure elements without replacing, widening, or elevating the superstructure under the conditions listed below (BOTH Conditions A and B must below. If all conditions cannot be met), full Section 106 review will be required pursuant to Stipulation 4 of this agreement. This category does not include bridge replacement projects (when both superstructure and substructure are removed): A. ). • The project takes place in previously disturbed soils; AND B. With regard AND • The work is limited to bridge substructure or superstructure elements without replacing, widening, or elevating the superstructure; AND EITHER • The bridge is less than 45 years old; OR • The bridge is over 45 years old and the bridge was determined not National Register eligible in the latest historic bridge inventory; OR • The bridge is over 45 years old, is part of the Interstate system, and was determined not National Register eligible under the Section 106 Exemption Regarding Effects to the bridgesInterstate Highway System adopted by the Advisory Council on Historic Preservation on March 10, at least one of the conditions 2005, for so long as that Exemption remains in effect. (i, ii or iii) listed below must be satisfied: i. The latest Historic Bridge Inventory identified If the bridge as non-historic (see xxxx://xxx.xx.xxx/indot/2531.htm); ii. The bridge was built after 1945is over 45 years old, is not located on the Interstate system, and is a common type was not included in the latest historic bridge inventory, full Section 106 review will be required). 2. All work within interchanges and within medians of divided highways in previously disturbed soils. 3. Replacement, repair, lining, or extension of culverts and other drainage structures which do not extend beyond or deeper than previous construction limits, and do not exhibit stone or brick structures or parts therein. 4. Roadway surface replacement, rehabilitation, resurfacing, or reconstruction, overlays, shoulder treatments, pavement repair, seal coating, pavement grinding, and pavement marking within areas previously disturbed by construction where replacement, repair, or installation of curbs or sidewalks will not be required. 5. Repair, replacement, or upgrade of existing lighting, signals, signage, and other traffic control devices in previously disturbed soils. 6. Repair, replacement, or upgrade of existing safety appurtenances such as defined guardrails, barriers, glare screens, and crash attenuators in Section V. of the Program Comment Issued forpreviously disturbed soils. 7. Fencing and landscaping in previously disturbed soils. 8. Railway crossing signs and signal installation or modification and surface improvement in previously disturbed areas.