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River Road PRD Agreements
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River Road PRD Agreements
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Last modified
6/3/2014 1:43:52 PM
Creation date
6/3/2014 1:42:36 PM
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Template:
PW_Operating
PW_Document_Type_ Operating
Correspondence
PW_Division
Parks and Open Space
Identification_Number
May 20, 1992
Document_Number
Agreement, Intergovernmental
External_View
No
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Agreement is given. Each party has signed this Agreement after obtaining <br />advice of counsel. Neither party has relied upon any representation of the <br />other in executing this Agreement. This Agreement supersedes all prior <br />agreements of the parties except for the Agreement dated September 21 and 26, <br />1983, or an updated version of that Agreement, and is the full agreement of <br />the parties. <br />9. Remedies Upon Default In the event of a failure to perform any of <br />the obligations set forth above, the complaining party shall give specific <br />notice in writing of the default to the defaulting party. Such notice shall <br />require that default be cured within thirty (30) days of receipt of the <br />notice of default. In the event that such default is not cured within thirty <br />(30) days, the complaining party may seek arbitration. Arbitration shall be <br />the exclusive remedy for default. Any such arbitration shall be in <br />conformance with the rules and procedures of ORS Chapter 33 or the future <br />corresponding provisions of any such law. The party demanding arbitration <br />shall notify the opposing party of the name of an arbitrator selected by it. <br />Within ten days, the opposing party shall name an arbitrator and the two <br />arbitrators so named shall within ten days select a third arbitrator. If the <br />two arbitrators selected cannot agree upon a third, the third arbitrator shall <br />be appointed by the presiding judge of the Lane County Circuit Court and the <br />three so selected shall arbitrate and decide the issue. The nonprevailing <br />party shall pay the costs of the arbitration. Such costs shall include <br />attorney fees. The arbitrators are authorized to determine who is the <br />prevailing party. <br />19,,.a:-Successor -In- I nterest to District Upon dissolution of the District <br />and the District Board upon annexation, the Transition Committee shall succeed <br />to all of the rights of the District under this Agreement. <br />INTERGOVERNMENTAL AGREEMENT --7 <br />
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