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~~~~~. <br /> <br />provisions, Contractor or the subcontractor, if applicable, shall forfeit all rights under this contract <br />,r or the subcontract, as the case may be. The City's claim for damages under paragraph 25 and any <br />other relief available to City resulting from the Contractor's breach shall survive a termination of <br />this contract. <br />25. Liquidated Damages. In the event the Work is not completed by the Completion Date as specified <br />in paragraph 2, Contractor will pay to City liquidated damages as specified in the bid proposal. The <br />parties believe that due to the costs of bringing an action and the difficulty of establishing the exact <br />amount of damages City will incur, it would be inconvenient and infeasible for City to bring an <br />action for the actual damages it will incur because of Contractor's failure to complete the Work by <br />the Completion Date. In order to compensate City for the damages City will suffer because of a <br />delay, the parties have estimated the amount City would be damaged for every working day <br />completion is delayed. The parties believe that the sum set as liquidated damages is reasonably <br />related to City's anticipated damages per working day after the Completion Date that the Work is <br />not completed. Contractor will not contest such sum as being other than a true measure of damages <br />in the event those damages become payable under these provisions. <br />26. Arbitration. All claims or disputes between City and Contractor arising out of or related to the <br />Work or this contract shall be decided by arbitration conducted in accordance with the construction <br />industry arbitration rules of the American Arbitration Association unless the parties agree <br />otherwise. The parties shall bear equally the administrative fees of the American Arbitration <br />Association and the fees of the arbitrator. <br />27. Notices. Any notices permitted or required by this contract shall be deemed given when personally <br />delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt <br />requested, addressed to: <br />Contractor: Thomas C. Cox <br />W. L. Thomas Environmental LLC <br />1170 Anderson Place SE <br />Albany, OR 97321 <br />City: Russ Mecredy, Project Manager <br />City of Eugene Facility Management Division <br />210 Cheshire Avenue <br />Eugene, OR 97401 <br />or such other address as either party may provide to the other by notice given in accordance with <br />this provision. <br />28. Contract Documents/Interpretation. This contract, together with the other documents <br />enumerated below, which are hereby incorporated by reference, forms the entire contract between <br />the parties hereto. in the event that any provision of any component part of this contract conflicts <br />Public Improvement Contract (Comp}-Page 10 <br />(Revised April 1998) <br />