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20.3 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 /> 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 /> CONTRACT, HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION OF <br /> THE COURTS REFERENCED IN THIS SECTION. <br /> 20.4 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, arbitrator 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, arbitrator 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 no~o 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 21. NOTICES. Any notices permitted or required by the Contract <br /> shall be deemed given when personally delivered or upon deposit in the United <br /> States mail, postage fully prepaid, certified, return receipt requested, addressed to: <br /> Contractor: <br /> ~ ~ C~{ nn ~'~`~~-`i-' ~ cwt <br /> a-~ A ~ n csY-~ ~ ~ ~ {u C~2.Q~ . <br /> City: _ <br /> Mark Schoening, City Engineer <br /> City of Eugene <br /> $58 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 /> <br /> this provision. <br /> <br /> Page 13 FEDERALLY FUNDED PUBLIC IMPROVEMENT <br /> CONTRACT <br /> <br />