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18. City's Right to Act. If Contractor fails to perform any obligation under this <br /> contract, City shall have the right but not the obligation to take the action that <br /> Contractor failed to take, or to engage an independent party to take such action, <br /> after giving at least five days' notice to Contractor in advance of taking such action, <br /> except in the event of an emergency, as determined by City, in which case no <br /> advance notice shall be required. If City takes such action, Contractor shall <br /> promptly pay to City, upon demand, the sum or sums expended or incurred by City <br /> and the value of the service performed by City. Any action taken by City under <br /> these provisions shall not constitute a waiver by City of Contractor`s default. <br /> 19. Standard Contract Provisions. Contractor shall comply with City's Standard <br /> Contract Provisions, a copy of which is attached hereto as Exhibit A. <br /> 20. Subordination to Federal and State Agreements. This contract shall be subject <br /> and subordinate to any existing or future Federal or State statute or any existing or <br /> future agreement between City and the United States or the State of Oregon <br /> relative to the development, operation or maintenance of properties of the Urban <br /> Renewal Agency of the City of Eugene, the execution of which agreement has been <br /> or may be required as a condition precedent to the expenditure of Federal or State <br /> funds for the development, operation or maintenance of City or Urban Renewal <br /> Agency property. <br /> 21. Severability. In the event that any covenant, condition or provision of this contract <br /> is found to be invalid by any court of competent jurisdiction, the invalidity of any <br /> such covenant, condition or provision shall in no way affect any other covenant, <br /> condition or provision of this contract. <br /> 22. Non-Waiver. Waiver by either party of strict performance of any provision of this <br /> contract shall not be a waiver of, nor prejudice the party's right to require, strict <br /> performance of the same provision or any other provision of the contract in the <br /> future. <br /> 23. Notices. Any notices permitted or required by this contract shall be deemed given <br /> when personally delivered or upon deposit in the United States mail, postage fully <br /> prepaid, certified, return receipt requested, addressed to the patties at the address <br /> designated in paragraph 5, or such other address as either party may provide to the <br /> other bjr notice given 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 <br /> and disbursements allowed by the court, reasonable attorney fees incurred in the <br /> proceeding, as set by the court, at trial, on appeal or upon review. Such fees shall <br /> include an amount estimated by the court to be incurred by the prevailing party in <br /> realizing upon any judgment or enforcing any decree. <br /> <br /> 25. Integration. This contract embodies the entire agreement of the parties. There <br /> are no promises, terms, conditions, or obligations other than those contained <br /> herein. This contract shall supersede all prior communications, representations or <br /> agreements, either oral or written, between the parties. This contract shall not be <br /> amended except in writing, signed by both parties. <br /> <br />