`P~turn receipt requested, addressed to the parties at the address designated in <br />>h 5, or such other address as either party may provide to the other by notice given <br />~ance with this provision.. <br />~~"~~torney Fees. In the event of any action to enforce or interpret this contract, the <br />~, prevailing party shall be entitled to recover from the losing party, in addition to costs and <br />'disbursements allowed by the court, reasonable attorney fees incurred in the proceeding, <br />as set by the court, at trial, on appeal or upon review. Such fees shall include an amount <br />estimated by the court to be incurred by the prevailing party in realizing upon any judgment <br />or enforcing any decree. ~ <br />_ 25. Integration. This contract embodies the entire agreement of the parties. There are no <br />promises, terms, conditions, or obligations other than those contained herein. This <br />contract shall supersede all prior communications, representations or agreements, either <br />oral or written, between the parties. This contract shall not be amended except in writing, <br />signed by both parties. <br />26. Interpretation. This contract shall be governed by and interpreted in accordance with the <br />laws of the State of Oregon. The parties do not intend to confer on any third party any <br />rights under this contract. <br />27. Jurisdiction and Venue. All actions relating fio this contract shall be tried before the <br />courts of the State of Oregon to the exclusion of all courts which might have jurisdiction <br />apart from this provision. Venue' in any action shall lie in the Circuit Court of Lane County, <br />Oregon. <br />CITY OF EUGENE <br />CONTRACTOR <br />~ ' <br />r ' <br />gy; By: ,~'' ~ ~ _~-_._____ <br />( ignature) ~ (signat e <br />Robert J. Lankston, Director <br />Maintenance Division <br />Phillip A. Heer, President <br />H & J Construction, Inc. <br />Date: ~.o)/~ ~1~~ Date: ~ ~G ~" <br />-~Non-Facility Trade Service Contract--Page 6 <br />(Revised December 1997) <br />