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resolved by litigation initiated by filing a complaint in the Lane County Circuit Court that contains a <br /> stipulation to arbitration under ORS 36.410. The claim and all cross and counter-claims filed in <br /> response to the complaint shall be submitted to the Court Arbitration Program set forth in ORS <br /> 36.400 to 36.425, chapter 13 of the Oregon Uniform Trial Court Rules and the Lane County Circuit <br /> Court supplemental local rules conceming arbitration, unless a necessary party to the dispute <br /> cannot be joined in the arbitration. Either party may seek and shall be entitled to, an order <br /> directing the other party to submit to arbitration as provided herein and to judgment for its costs, <br /> expenses and attomey fees in obtaining and enforcing the order unless a party necessary to <br /> resolution of the dispute cannot be joined in the arbitration. <br /> In any litigation, the entire text of any order or permit issued by a governmental or regulatory <br /> authority, as well as any documents referenced or incorporated therein by reference, shall be <br /> admissible for the purpose of Contract interpretation. <br /> The Contract shall not be construed against either parry regardless of which party drafted it. <br /> Other than as modified by the Contract, the applicable rules of contract construction and evidence <br /> shall apply. <br /> 20. Payment of Costs, Expenses and Attorney's Fees. The prevailing party in any dispute shall be <br /> entitled to an award for reasonable costs and expenses incurred in arbitration, trial and appeal. <br /> "Costs and expenses" shall include, but shall not be limited to, reasonable attorney fees and <br /> expenses, arbitrator fees and expenses and costs of discovery. <br /> The award of costs and expenses after trial following arbitration shat! be made as provided for in <br /> ORS 36.425. The award of costs and expenses after appeal from a judgment entered after trial <br /> shall be to the prevailing party designated. as such by the appeals court. <br /> 21. No Third Party Beneficiaries. The parties to this contract do not intend to confer on any third <br /> party any rights under this contract. All Subcontractors are third parties. <br /> 22. Survival. Any obligation arising under the Contract which is not, or cannot be performed or paid <br /> prior to the expiration or termination of the Contract, including, but not limited to, all provisions <br /> concerning the quality of the Work, warranties and obligations for payment, indemn~cation, and <br /> reimbursement, shall survive termination or expiration of the Contract. <br /> 23. Integration; Amendment. The Contract includes the entire agreement between the parties as of <br /> its date of execution and shall not be modified or amended, except as expressly provided in the <br /> Contract. <br /> 24. Effective Date. The effective date of the Contract shall be the latest date of signature by the <br /> parties. <br /> <br /> /~CtT OF EUGENE CONTRACTOR <br /> B gy. <br /> (sign re) (signature) <br /> Dennis M. Taylor Michael C. Wildish • • • • • • • • • • • <br /> City Manager Vice President <br /> Date: T ~ " Date: Gtf' <br /> Public improvement Contract for Use with Oregon Standard Specifications--Page 5 <br /> (Revised February 2004) <br /> <br />