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Contractor: William "Bubba" Paris, President <br /> Paris Enterprises <br /> 374 West 6~' Street <br /> Pittsburg, CA 94565 <br /> City: Rebecca A. Carlson, Division Manager <br /> Public Works/Administration Division <br /> 858 Pearl Street <br /> Eugene, Oregon 97401 <br /> Each party shall notify the other of any change in the name, address or FAX instructions to <br /> be used for delivery of notices. <br /> 17. Dispute Resolution. <br /> 17.1 Continued Performance. Unless the Contract is terminated, neither party shall <br /> suspend performance of its obligation hereunder pending the resolution of a dispute. <br /> 17.2 Negotiation/Mediation. The parties shall attempt to resolve all disputes by <br /> negotiation and voluntary mediation. The parties shall share equally in all common <br /> costs of mediation. <br /> 17.3 Litigation/Arbitration. Litigation of a claim that cannot be resolved by negotiation or <br /> voluntary mediation shall be initiated by filing a complaint in the Lane County Circuit <br /> 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 <br /> Court Arbitration Program set forth in ORS 36.400 to 36.425, Chapter 13 of the <br /> Oregon Uniform Trial Court Rules and the Lane County Circuit Court supplemental <br /> local rules concerning arbitration. Either party may seek, and shall be entitled to, an <br /> order directing the other party to submit to arbitration as provided herein and to <br /> judgment for its costs, expenses and attorney fees in obtaining and enforcing. the <br /> order. <br /> In any litigation,. the entire text of any order or permit issued by a governmental or <br /> regulatory authority, as well as any documents referenced or incorporated therein by <br /> reference, shall be admissible for the purpose of contract interpretation. <br /> 17.4 Construction of Contract. This Contract shall not be construed against either party <br /> regardless of which party drafted it. Other than as modified by agreement, the <br /> applicable rules of contract construction and evidence shall apply. This Contract <br /> shall be governed by and construed in accordance with the laws of the State of <br /> Oregon without regard to principles of conflict of laws. <br /> 17.5 Forum. Any litigation between the City and the Contractor that arises from ar relates <br /> to this Contract shall be brought and conducted solely and exclusively within the <br /> Lane County Circuit Court; provided, however, if a dispute must be brought in a <br /> federal forum, then it shall be brought and conducted solely and exclusively within <br /> the United States District Court for the District of Oregon, Eugene Division. In no <br /> event shall this Subsection be construed as a waiver by the City of Eugene of any <br /> form of defense or immunity, whether sovereign immunity, governments{ immunity or <br /> <br /> CONTRACT NUMBER 20078-00329 Page 7 <br /> <br />