4J Stadium, October 1999 Forward

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conducted in accordance with the currently in effect Arbitration Rules of the American Arbitration Association pursuant to ORS 190.720. Notwithstanding the above, either party may, at its own discretion, elect to resolve disputes in excess of $50,000 by litigation, if mediation is not successful. Section 17. Entire Agreement This Agreement includes the matrix, attached hereto as Appendix A, and the Intergovernmental. Agreement for the Joint Use and Development of Youth Sports Parks and Athletic Fields, attached hereto as Appendix B, both appen being incorporated into this Agreement by this reference. With the inclusion of those appendices, this Agreement contains the entire agreement between the parties and, except as otherwise provided, can be changed, modified, amended, or terminated only by an instrument in writing executed by the parties. It is mutually acknowledged and agreed by City and District that there are no verbal agreements, representations, warranties, or other understandings affecting this Agreement. Section 18. Applicable Law This agreement shall be governed by, and construed in accordance with, the laws of the State of Oregon. IN WITNESS WHEREOF, the parties have hereunto set their hand this day of , 1999. DISTRICT CITY By: By: George Russell Jim Johnson Superintendent -Clerk City Manager STATE OF OREGON, County of Lane. ss: On this day of , 1999 personally appeared before me the within named George Russell, in capacity of Superintendent for Eugene School District 4J and acknowledged and signed the foregoing Intergovernmental Agreement on behalf of the District, pursuant to authority of its Board of Directors. Notary Public for Oregon My Commission Expires: Draft Intergovernmental Agreement: Joint Use And Development of Youth Sports Parks and Athletic Fields November 19, 1999 Page 9 of 10