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establishing ttie exact amount of dal dama es it will incur because of Cont actor'stfa lure toacomplete City to bring an action for the actu 9 the Work within the Contract s~ have'estimat d the apmount C'ity would be damaged for every working because of a detay, the partie day completion is delayed. The aa sese Working day after the Cont ac Timeahat the Workas notb y related to City's anticipated dam g p completed. Contractor will not contest such sum as being other than a true measure of damages in the event those damages become payable under these provisions. Notices. Any written notices permitte ~e os t in he Un ted States maili postage fu y p epa den personally delivered, or five days after p certified, return receipt requeste conf'amed facs mile tra sm ssao'n to thehFAX address and attention of when delivered by electronically the representatives of the parties set for below: 15 Contractor: Troy Hanson, Vice President Babb Construction dba: Delta Const. Co. dba: Delta Concrete 999 Division Avenue Eugene, OR 97404 Phoner (541) 688-2233 Fax: (541) 688-8610 City: Mark Schoening, City Engineer City of Eugene 858 Pearl Street Eugene, OR 97401 FAX: 541-682-8410 or such other address as either party may provide to the other by notice given in accordance with this provision. 16. Contract Documentsllnterpretation en he var ous documents and their~provas onsall In the e vent d in a manner that avoids conflict betwe that any provision of this Documente event that any o her component part of the' Cont acpconflicts w"th is most detailed shall prevail. In th any provision of any other component part, the precedence of documents shall be as set forth in the Standard Specifications. 17. Governing Law. This contract shaltn s contract do not ntendpo confer on any thi d party any nght the State of Oregon. The parties to under this contract. 18. Dispute Resolution. 18.1. Arbitration. Litigation of a c~laimla nt in the LanerC ulnty C r u Co'utrt that contains a stipula'tion shall be initiated by filing a c p to arbitration under ORS 36.4t d to he Caurt A bi'rat on P ogram set forth n ORS 36.400 to e to the complaint shall be submi Circuit Court 36.425, Chapter 13 of the Oregon Uniform Triat Court rules a~ aths eknand sha I be entitled to, supplemental local rules concerning arbitration. Either party n'~ Y an order directing the other Pneyfees n obta ngtand enfo cingfahe ordernproaided hat, ne t er its costs, expenses and attor y party siiall be required to arbitrate a dispute if all necessary parties cannot be joined in the arbitration. Public Improvement Contract for Use with Oregon Standard Specifications - Page 4 (Revised.February 2004)