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SECTION 19. LIQUIDATED DAMAGES. IN THE EVENT THE WORK IS <br /> NOT COMPLETED WITHIN THE NUMBER OF WORKING DAYS SPECIFIED <br /> IN SECTION 4, CONTRACTOR WILL PAY TO CITY LIQUIDATED <br /> DAMAGES AS SPECIFIED IN THE ITB; THE LIQUIDATED DAMAGES <br /> AMOUNT SET FORTH IN THE ITB IS SPECIFICALLY INCORPORATED BY <br /> THIS REFERENCE. THE PARTIES BELIEVE THAT DUE TO THE COSTS OF <br /> BRINGING AN ACTION AND THE DIFFICULTY OF ESTABLISHING THE <br /> EXACT AMOUNT OF DAMAGES CITY WILL INCUR, IT WOULD BE <br /> INCONVENIENT AND INFEASIBLE FOR CITY TO BRING AN ACTION FOR <br /> THE ACTUAL DAMAGES IT WILL INCUR BECAUSE OF CONTRACTOR'S <br /> FAILURE TO COMPLETE THE WORK WITHIN THE NUMBER OF WORKING <br /> DAYS. IN ORDER TO COMPENSATE CITY FOR THE DAMAGES CITY <br /> WILL SUFFER BECAUSE OF A DELAY, THE PARTIES HAVE ESTIMATED <br /> THE AMOUNT CITY WOULD BE DAMAGED FOR EVERY WORKING DAY <br /> COMPLETION IS DELAYED. THE PARTIES BELIEVE THAT THE SUM SET <br /> AS LIQUIDATED DAMAGES IS REASONABLY RELATED TO CITY'S <br /> ANTICIPATED DAMAGES PER CALENDAR DAY AFTER THE CALENDAR <br /> DAY THAT THE WORK IS NOT COMPLETED. CONTRACTOR WILL NOT <br /> CONTEST SUCH SUM AS BEING OTHER THAN A TRUE MEASURE OF <br /> DAMAGES IN THE EVENT THOSE DAMAGES BECOME PAYABLE UNDER ; <br /> THESE ~ <br /> ROVISIONS. ~ <br /> N`~ <br /> INITIALS: Mtt <br /> <br /> r y CONTRACTOR <br /> SECTION 20. DISPUTE RESOLUTION. <br /> 20.1 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 cross <br /> and counter-claims filed in response to the complaint shall be submitted to the Court <br /> Arbitration Program set forth in ORS 36.400 to 36.425, Chapter 13 of the Oregon <br /> Uniform Trial Court Rules and the Lane County Circuit Court supplemental local rules <br /> concerning arbitration. Either party may seek, and shall be entitled to, an order directing <br /> the other party to submit to arbitration as provided herein and to judgment for its costs, <br /> expenses and attorney fees in obtaining and enforcing the 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 /> 20.2 Construction of Contract and State Governing Law. The Contract shall not be <br /> construed against either party regardless of which party drafted it. Other than as <br /> modified by the Contract, the applicable rules of contract construction and evidence shall <br /> 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 /> o,...o FEDERALLY FUNDED PUBLIC IMPROVEMENT <br /> <br />