New Search
os abl~gatian hereunder. <br />22. Interuretation. <br />This Agreement shall be governed by and interpreted in accordance with the laws of <br />the state of Oregon. The parties to this Agreement do not intend to confer on any third party <br />any rights under this Agreement. <br />23. Disaute Resolution <br />23.1 Litigation and Court Arbitration. Litigation of a claim that cannot be resolved by <br />negotiation or voluntary mediation shall be initiated by filing a complaint in the Lane County <br />Circuit Court that contains a stipulation to arbitration under ORS 36.410. The claim and all <br />cross and counter-claims filed in response to the complaint shall be submitted to the Court <br />Arbitration Program set forth in ORS 36.400 to 36.425, Chapter 13 of the Oregon Uniform <br />Trial Court Rules and the Lane County Circuit Court supplemental local rules concerning <br />arbitration. Either party may seek, and shall be entitled to, an order directing the other party <br />to submit to arbitration as provided herein and to judgment for its costs, expenses and <br />attorney fees in obtaining and enforcing the order. <br />In any litigation, the entire text of any order or permit issued by a governmental or <br />regulatory authority, as well as any documents referenced or incorporated therein by <br />reference, shall be admissible for the purpose of contract interpretation. <br />The Agreement shall not be construed against either party regardless of which party <br />drafted it. Other than as modified by the Agreement, the applicable rules of contract <br />construction and evidence shall apply. This Agreement shall be governed by and construed <br />in accordance with the laws of the State of Oregon without regard to principles of conflict of <br />taws. <br />23.2 Forum. Any litigation between the City and Artist team that arises from or <br />relates to this Agreement shall be brought and conducted solely and exclusively within the <br />Lane County Circuit Court; provided, however, if a dispute must be brought in a federal <br />forum, 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 subsection <br />be construed as a waiver by the City of Eugene of any form of defense or immunity, whether <br />sovereign immunity, governmental immunity or otherwise, from any claim or from the <br />jurisdiction of any court. ARTIST TEAM, BY EXECUTION OF THIS CONTRACT HEREBY <br />CONSENTS TO THE IN PERSONAM JURISDICTION OF THE COURTS REFERENCED IN <br />THLS SECTION. <br />23.3 Payment of Costs, Expenses and Attorney's Fees -The prevailing party shall <br />be entitled to an award for reasonable costs and expenses incurred after the initiation of <br />litigation, including costs and expenses incurred for arbitration, trial de novo and on 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 de novo following arbitration shall be <br />made as provided for in ORS 36.425. The award of costs and expenses after appeal from a <br />judgment entered after trial de novo shall be to the prevailing party designated as such by <br />the appeals court. <br />Page 11 <br />