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Artificial Turf Fields, IGA Bethel School District
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Artificial Turf Fields, IGA Bethel School District
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7/10/2014 11:09:28 AM
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Parks and Open Space
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Section 15: Insurance <br /> City and District, at their sole expense shall maintain all -risk property and public liability <br /> insurance policies on the prospective properties included in this Agreement. The initial limits of <br /> liability required will be Two Million Dollars ($2,000,000) for each occurrence and Two Million <br /> Dollars ($2,000,000) in the aggregate for the liability coverages, and all property policies shall, upon <br /> completion of construction, be written on replacement cost basis. City and District both agree that <br /> either party is authorized to carry deductibles or self - insurance on any or all lines of coverage up to <br /> Seventy Hundred Fifty Thousand Dollars ($750,000) for each occurrence. <br /> Section 16: Dispute Resolution <br /> City and District shall attempt to resolve all disputes through staff discussions at the lowest <br /> possible level. Both parties to this Agreement agree to provide other resources and personnel to <br /> negotiate and find resolution to disputes that cannot be resolved at the staff level. As a next step, <br /> claims, disputes or other matters in question between the parties to this Agreement arising out of or <br /> relating to this Agreement, or breach thereof, shall be determined by mediation, arbitration, or <br /> litigation. Disputes shall be initially submitted to mediation by a mediator chosen by the parties. <br /> The cost of mediation shall be borne equally by the parties. If the parties are unable to agree upon a <br /> mediator within five (5) days, or if mediation fails to resolve the dispute and if either party wants to <br /> further pursue the dispute, either party may initiate litigation by filing a complaint in the Lane <br /> County Circuit Court that contains a stipulation to arbitration under ORS 36.410. The claim and all <br /> cross and counter - claims filed in response to the complaint shall be submitted to the Court <br /> Arbitration Program set forth in ORS 36.400 to 36.425, Chapter 13 of the Oregon Uniform Trial <br /> Court Rules, and the Lane County Circuit Court supplemental local rules concerning arbitration. <br /> Either party may seek, and shall be entitled to, an order directing the other party to submit to <br /> arbitration as provided herein and to judgment for its costs, expenses and attorney fees in obtaining <br /> and enforcing the order. <br /> Section 17. Entire Agreement <br /> This Agreement includes the Use Matrix attached as Appendix A, and the maintenance <br /> standards attached as Appendix B, as being incorporated into this Agreement by this reference. <br /> With the inclusion of these appendices, this Agreement contains the entire agreement between the <br /> parties and, except as otherwise provided, can be changed, modified, amended, or terminated only by <br /> an instrument in writing executed by the parties. It is mutually acknowledged and agreed by City and <br /> District that there are no verbal agreements, representations, warranties, or other understandings <br /> affecting this Agreement. <br /> Section 18. Applicable Law <br /> This Agreement shall be governed by, and construed in accordance with, the laws of the State <br /> of Oregon. <br /> Intergovernmental Agreement 2008 - 01034: Joint Use And Development of Artificial Turf Athletic Fields <br /> Page 9 of 10 May 9, 2008 <br />
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