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S <br /> <br /> J <br /> shall have no responsibility for any modification of a Work Product that is not made <br /> under Contractor's supervision. <br /> 16. Notices. Any notice permitted or required by the Contract shall be deemed given when <br /> personally delivered or upon deposit in the United States mail, postage fully prepaid, <br /> certified, and with return receipt requested, to the persons and addresses shown below. In <br /> addition, if directions for telephonic transmission ("FAX") are set forth below, notices may be <br /> delivered by FAX. Notices sent by certified mail will be deemed delivered three business <br /> days after placement in the mail and notices sent by FAX will be deemed delivered when <br /> successful transmission is electronically confirmed. Except as expressly provided in the <br /> Contract, required notices must be signed by the person designated to receive notices, or <br /> that person's designee or attorney. <br /> Contractor: Margot Helphand <br /> Helphand & Associates <br /> 2167 Potter St <br /> Eugene, OR 97405 <br /> City: Lisa Gardner <br /> Public Works, Engineering <br /> 858 Pearl St <br /> Eugene, Oregon 97401 <br /> Each party shall notify the other of any change in the name, address or FAX instructions to <br /> be used for delivery of notices. <br /> 17. Dispute Resolution. <br /> 17.1 Continued Performance. Unless the Contract is terminated, neither party shall <br /> suspend. performance of its obligation hereunder pending the resolution of a dispute. <br /> 17.2 Negotiation/Mediation. The parties shall attempt to resolve all disputes by <br /> negotiation and voluntary mediation. The parties shall share equally in all common <br /> costs of mediation. <br /> 17.3 Litigation/Arbitration. Litigation of a claim that cannot be resolved by negotiation or <br /> voluntary mediation shall be initiated by filing a complaint in the Lane County Circuit <br /> Court that contains a stipulation to arbitration under ORS 36.410. The claim and all <br /> cross and counter-claims filed in response to the complaint shall be submitted to the <br /> Court Arbitration Program set forth in ORS 36.400 to 36.425, Chapter 13 of the <br /> Oregon Uniform Trial Court Rules and the Lane County Circuit Court supplemental <br /> local rules concerning arbitration. Either party may seek, and shall be entitled to, an <br /> order directing the other party to submit to arbitration as provided hereiri and to <br /> judgment for its costs, expenses and attorney fees in obtaining and enforcing the <br /> order. <br /> In any litigation, the entire text of any order or permit issued by a governmental or <br /> regulatory authority, as well as any documents referenced or incorporated therein by <br /> reference, shall be admissible for the purpose of contract interpretation. <br /> CONTRACT NUMBER 2007-00213 Page 7 <br /> <br />