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22. Non-Waiver. Waiver by either party of strict pertormance of any provision of this contract <br /> shall not be a waiver of, nor prejudice the party's right to require, strict pertormance of the <br /> same provision or any other provision of the contract in the future. <br /> 23. Notices. Any notices permitted or required by this contract shall be deemed given when <br /> personally delivered or upon deposit in the United States mail, postage fully prepaid, <br /> certified, return receipt requested, addressed to the parties at the address designated in <br /> paragraph 5, or such other address as either party may provide to the other by notice given <br /> in accordance with this provision. <br /> 24. Attorney 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 to 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 CONTRACTOR <br /> (si nature) (signature) <br /> Mark Schoening Rob McCrea <br /> City Engineer Estimator/Engineer <br /> Date: ~Z~ Date: I Z-~ 2.3 l p <br /> Non-Facility Trade Service Contract-Page 6 <br /> <br /> (Revised December 1997) <br /> <br />