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EXECUTION OF THE CONTRACT HEREBY CONSENTS TO THE IN PERSONAM <br /> JURISDICTION OF THE COURTS REFERENCED IN THIS SECTION. <br /> 16.6 Attorneys' Fees. If any suit, action, arbitration or other proceeding is instituted upon <br /> this Contract or to enforce creditor's rights or otherwise pursue, defend or litigate <br /> issues related to or peculiar to federal bankruptcy law (including, but not limited to, <br /> efforts to obtain relief from an automatic stay), or any other controversy arises from <br /> this Contract the prevailing party shall be entitled to recover from the other party and <br /> the other party agrees to pay the prevailing party, in addition to costs and <br /> disbursements allowed by law, such sum as the court, arbitrator or other adjudicator <br /> may adjudge reasonable as an attorneys' fee in such suit, action, arbitration or other <br /> proceeding, and in any appeal. Such sum shall include an amount estimated by the <br /> court, arbitrator or adjudicator, as the reasonable costs and fees to be incurred in <br /> collecting any monetary judgment or award or otherwise enforcing each award, <br /> order, judgment or decree entered in such suit, action or other proceeding. <br /> The award of costs and expenses after trial de novo following arbitration under ORS <br /> 36.400 et seq. shall be made as provided for in ORS 36.425. The award of costs <br /> and expenses after appeal from a judgment entered after trial de novo shall be to <br /> the prevailing party designated as such by the appeals court. <br /> 17. Integration. The Contract embodies the entire agreement of the parties concerning the <br /> Services. There are no promises, terms, conditions or obligations other than those <br /> contained herein. The Contract shall supersede all prior communications, representations <br /> or agreements, either oral or written, between the parties. The Contract shall not be <br /> amended except in writing, signed by both parties. <br /> 18. Survival. Any duty, liability or obligation of a party which arises under this Contract, <br /> including without limitation, obligations with respect to indemnification, shall survive the <br /> termination or expiration of this Contract and shall be legally enforceable until satisfied by <br /> performance or payment, or until enforcement is legally precluded by lapse of time. <br /> 19. No Third-Party Beneficiaries. There are no third-party beneficiaries of this Contract. The <br /> parties agree and intend that this Contract shall be enforceable only by the parties and their <br /> duly authorized representatives. <br /> In witness whereof, the -parties have, through their duly authorized representatives, have <br /> executed this Agreement on the dates set forth below. <br /> City of Eugene Contractor <br /> <br /> !V' <br /> ~ By: ~ By: <br /> Mark Schoening, P. Johnsey .Robinson, Owner <br /> City Engineer Robins n arth Scaping <br /> Date: a~G '7 Date: 3 ~ Zo© <br /> CONTRACT NUMBER 2008-00209 <br /> <br />