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4 <br /> provisions, Contractor or the Subcontractor, if applicable, shall forfeit all rights under this contract <br /> ~ . or the subcontract, as the case may be. The City's claim for damages under paragraph 15 and <br /> <br /> (fir any other relief available to City resulting from the Contractor's breach shall survive a termination <br /> ' of the Contract. <br /> 15. Liquidated Damages. In the event the Work is not completed within the Contract days as <br /> specified in Bid Proposal, Contractor will pay to City liquidated damages as specified in the <br /> Specifications. The parties believe that due to the costs of bringing an action and the difficulty of <br /> establishing the exact amount of damages City will incur, it would be inconvenient and infeasible r <br /> for City to bring an action for the actual damages it will incur because of Contractor's failure to <br /> complete the Work within the number of Contract days. In order to compensate City for the <br /> damages City will suffer because of a delay, the parties have estimated the amount City would be <br /> damaged for every Contract day completion is delayed. The parties believe that the sum set as <br /> liquidated damages is reasonably related to City's anticipated damages per Contract day after the <br /> Work days that the Work is not completed. Contractor will not contest such sum as being other <br /> than a true measure of damages in the event those damages become payable under these <br /> provisions. <br /> 16. Notices. Any written notices permitted or required by this contract shall be deemed given when <br /> personally delivered, or five days after deposit in the United States mail, postage fully prepaid, <br /> certified, return receipt requested, addressed to the representatives of the parties as set forth <br /> below or when delivered by electronically confirmed facsimile transmission to the FAX address <br /> and attention of the representatives of the parties set for below: <br /> Contractor: Rick Stroud, Project Superintendent <br /> C-More Pipe Services Co. <br /> 9350 Rickreall Road <br /> Rickreall, OR 97371 <br /> City: Mark Schoening, City Engineer <br /> City of Eugene <br /> 244 E Broadway <br /> Eugene, OR 97401 <br /> FAX: 541-682-8410 <br /> or such other address as either party may provide to the other by notice given in accordance with <br /> this provision. <br /> 17. Contract Documents/Interpretation. Where possible, all parts of the Contract shall be <br /> interpreted in a manner that avoids conflict between the various documents and their provisions. <br /> In the event that any provision of this Document conflicts with any provision of the Specifications, <br /> the provision that is most detailed shall prevail. In the event that any other component part of the <br /> Contract conflicts with any provision of any other component part, the precedence of documents <br /> shall be as set forth in the Standard Specifications. <br /> 18. Governing Law, Jurisdiction and Venue. This contract shall be governed by and interpreted in <br /> accordance with the laws of the State of Oregon. All actions relating to this contract shall be tried <br /> before the courts of the State of Oregon to the exclusion of all other courts which might have <br /> jurisdiction apart from this provision. Venue in any action shall lie in the Circuit Court of Lane <br /> County, Oregon. If a dispute must be brought in a federal forum, then it shall be brought and <br /> conducted solely and exclusively within the United Sates District Court for the District of Oregon, <br /> Eugene Division. to no event shall this paragraph be construed as a waiver by the City of any <br /> form of defense or immunity, whether sovereign immunity, governmental immunity or otherwise, <br /> Public Improvement Contract for Use with Oregon Standard Specifications-Page 4 <br /> (Revised Febnsary 2004) <br /> <br />