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GJN4096 Morse Bros Contract
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GJN4096 Morse Bros Contract
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Last modified
8/25/2008 8:08:22 PM
Creation date
6/27/2008 10:58:34 AM
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PW_Capital
PW_Document_Type_Capital
Contracts
PW_Active
Yes
External_View
No
GJN
004096
GL_Project_Number
945302
Identification_Number
2005100427
COE_Contract_Number
2005-00023
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CONSENTS TO THE IN PERSONAM JURISDICTION OF THE COURTS REFERENCED <br /> IN THIS SECTION. <br /> 22.4 Attorneys' Fees. If any suit, action, arbitration or other proceeding is instituted upon <br /> tis Agreement or to enforce creditor's rights or otherwise pursue, defend or litigate issues <br /> <br /> ~ related to or peculiar to federal bankruptcy law (including, but not limited to, efforts to obtain <br /> relief from an automatic stay), or any other controversy arises from the Contract, the <br /> prevailing party shall be entitled to recover from the other party and the other party agrees to <br /> pay the prevailing party, in addition to costs and disbursements allowed bylaw, such sum as <br /> the court, arbitrator or other adjudicator may adjudge reasonable as attorneys' fees in such <br /> suit, action, arbitration or other proceeding, and in any appeal thereof or therefrom. Such <br /> sum shall include an amount estimated by the court, arbitrator or adjudicator, as the <br /> reasonable costs and fees to be incurred in collecting any money judgment or award or <br /> otherwise enforcing each award, order, judgment or decree entered in such suit, action or <br /> other proceeding. <br /> The award of costs and expenses after trial de novo 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 prevailing <br /> party designated as such by the appeals court. <br /> SECTION Z3. NOTICES. Any notices permitted or required by the Contract shall be deemed given when <br /> personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt <br /> requested, addressed to: <br /> ,rr Contractor: Stephen Frey, Assistant Secretary <br /> 32260 Old Highway 34 <br /> Tangent, OR 97389 <br /> City: Mark Schoening, City Engineer <br /> City of Eugene <br /> 858 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 this provision. <br /> SECTION 24. Contract Documents/Interpretation. Tn the event that any provision of any component part <br /> of the Contract conflicts with any provisions of any other component part, the provisions ofthe component part <br /> first enumerated below shall govern, except as otherwise specifically agreed: <br /> 24.1 Permits from government agencies. <br /> 24.2 This Base Contract <br /> 24.3 Addenda to the FAA General Provisions <br /> 24.4 FAA General Provisions <br /> 24.5 Addenda to Technical Specifications <br /> <br />
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