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City: City of Eugene <br /> Urban Forester <br /> 1820 Roosevelt Blvd. <br /> Eugene, OR 97402 <br /> Developer: The Real Estate Development Group <br /> 780 NW York Drive, Suite 204 <br /> Bend, OR 97701 <br /> Such notice, if mailed within the State of Oregon, shall be considered delivered upon the <br /> second day following the date postmarked. If mailed outside the State of Oregon, notice <br /> shall be deemed delivered upon the fifth day following the date postmarked. Either party <br /> may change the person to receive notice by giving notice of the change to the other party. <br /> 8. Indemnification. Developer shall indemnify and hold the City, and its officers, agents <br /> and employees, harmless from and against all claims, actions, liabilities and costs, <br /> including attorney fees and other costs of defense, or any appeal or review thereof, <br /> arising out of or in any way related to Developer's performance under this Agreement, <br /> Developer's failure to strictly comply with any provision of this Agreement, or any other <br /> actions or failure to act by Developer, Developer's employees, agents, officers and <br /> contractors as such acts or omissions relate to this Agreement. In the event any such <br /> action or claim is brought against the City, Developer shall, if the City so elects and upon <br /> tender by the City, defend the same, including any appeal or review thereof, at <br /> Developer's sole cost and expense, promptly satisfy any judgment adverse to the City or <br /> to the City and Developer, jointly, and reimburse the City for any loss, cost, damage or <br /> expense, including attorney fees, suffered or incurred by the City. This provision shall <br /> survive the expiration or earlier termination of this Agreement. <br /> 9. Attorney Fees. In the event any legal proceeding is commenced for the purpose of <br /> interpreting or enforcing any provision of this Agreement, the prevailing party in such <br /> proceeding shall be entitled to recover reasonable attorney fees in the proceeding, or any <br /> appeal or review thereof, to be set by the court without the necessity of hearing testimony <br /> or receiving evidence, in addition to the costs and disbursements allowed by law. In <br /> addition, in the event of default by either party in performance of this Agreement, the <br /> defaulting party agrees to pay all reasonable attorney fees and legal expenses incurred by <br /> the non - defaulting party in collecting any sums due hereunder, even though no litigation <br /> is filed. <br /> 10. Assignment. Developer shall not assign its interest in this Agreement without the City's <br /> prior written consent. The City may require Developer and Developer's assignee to <br /> provide the City reasonable documentation in connection with the City's consent <br /> consideration and decision. <br /> 11. Merger /Amendment. There are no other undertakings, promises or agreements, either <br /> verbal or in writing, other than those contained in this Agreement which affect the <br /> Page 3 of 4 <br /> Agreement to Terminate Street Tree Plan Agreement and to Establish Alternate Method of Compliance with Street Tree Rules <br />