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~ apply. The Contract shall be governed and construed in accordance with the laws of the <br /> State of Oregon without regard to principles of conflict of laws. <br /> 21.3 Forum. Any litigation between City and Contractor that arises from or relates to <br /> the Contract shall be brought and conducted solely and exclusively within the Lane <br /> County Circuit Court; provided, however, if a dispute must be brought in a federal forum, <br /> ~ then it shall be brought and conducted solely and exclusively within the United States <br /> f% District Court for the District of Oregon, Eugene Division. In no event shall this <br /> subsection be construed as a waiver by City of Eugene of any form of defense or <br /> ~ immunity, whether sovereign immunity, governmental immunity or otherwise, from any <br /> claim or from the jurisdiction of any court. BUYER, BY EXECUTION OF THE <br /> <br /> _ CONTRACT, HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION OF <br /> THE COURTS REFERENCED IN THIS SECTION. <br /> 21.4 Attorneys' Fees. If any suit, action, arbitration or other proceeding is instituted <br /> upon this Agreement 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 the <br /> Contract, the prevailing party shall be entitled to recover from the other party and the <br /> other party agrees to pay the prevailing party, in addition to costs and disbursements <br /> allowed by law, such sum as the court, azbitrator or other adjudicator may adjudge <br /> reasonable as attorneys' fees in such suit, action, arbitration or other proceeding, and in <br /> any appeal thereof or therefrom. Such sum shall include an amount estimated by the <br /> court, azbitrator or adjudicator, as the reasonable costs and fees to be incurred in <br /> collecting any money judgment or award or otherwise enforcing each award, order, <br /> 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 and <br /> expenses after appeal from a judgment entered after trial de novo shall be to the <br /> prevailing party designated as such by the appeals court. <br /> SECTION 22. NOTICES. Any notices permitted or required by the Contract shall be deemed <br /> given when personally delivered or upon deposit in the United States mail, postage fully prepaid, <br /> certified, return receipt requested, addressed to: <br /> Contractor: <br /> Mike Alltucker, President <br /> Eugene Sand & Gravel, Inc. <br /> P.O. Box 1067 <br /> Eugene, OR 97440 <br /> City: <br /> Mark Schoening, City Engineer <br /> City of Eugene <br /> 858 Pearl Street <br /> Eugene OR 97401 <br /> or such other address as either party may provide to the other by notice given in accordance with <br /> this provision. <br /> Page 12 FEDERALLY FUNDED PUBLIC IMPROVEMENT <br /> CONTRACT <br /> <br />