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,~; notice to Contractor. In the event of a termination of this contract or a subcontract under these ~„- provisions, Contractor or the Subcontractor, if applicable, shall forfeit all rights under this contract or the subcontract, as the case may be. The City's claim for damages under paragraph 15 and any other relief available to City resulting from the Contractor's breach shall survive a termination of the Contract. 15. Liquidated Damages. In the event the Work is not completed within the Work days as specified in paragraph 2, Contractor will pay to City liquidated damages as specified in the Specifications. The parties believe. that due to the costs of bringing an action and the difficulty of establishing the exact amount of damages City will incur, it would be inconvenient and infeasible for City to bring an action for the actual damages it will incur because of Contractor's failure to complete the Work within the number of Work days. In order to compensate City for the damages City will suffer because of a delay, the parties have estimated the amount City would be damaged for every working day completion is delayed. The parties believe that the sum set as liquidated damages is reasonably related to City's anticipated damages per working day after the Work days that the Work is not completed. Contractor will not contest such sum as being other than a true measure of damages in the event those damages become payable under these provisions. 16. Notices. Any written notices permitted or required by this contract shall be deemed given when personally delivered, or five days after deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to the representatives of the parties as set forth below or when delivered by electronically confirmed facsimile transmission to the FAX address and attention of the representatives of the parties set for below: Contractor: Michael C. W ildish, Vice President Wildish Construction Co. P.O. Box 7428 Eugene, OR 97401 City: Mark Schoening, City Engineer City of Eugene 858 Pearl Street Eugene OR 97401 FAX: 541-682-8410 or such other address as either party may provide to the other by notice given in accordance with this provision. 17. Contract Documents/Interpretation. Where possible, all parts of the Contract shall be interpreted in a manner that avoids conflict between the various documents and their provisions. In the event that any provision of this Document conflicts with any provision of the Specifications, the provision that is most detailed shall prevail. In the event that any other component part of the Contract conflicts with any provision of any other component part, the precedence of documents shall be as set forth in the Supplemental Standard Specifications. 18. Governing Law, Jurisdiction and Venue. This contract shall be governed by and interpreted in accordance with the laws of the State of Oregon. All actions relating to this contract shall be tried before the courts of the State of Oregon to the exclusion of all other courts which might have jurisdiction apart from this provision. Venue in any action shall lie in the Circuit Court of Lane County, Oregon. If a dispute must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United Sates District Court for the District of Oregon, Eugene Division. In no event shall this paragraph be construed as a waiver by the City of any form of defense or immunity, whether sovereign immunity, governmental immunity or otherwise, Public Improvement Contract for Use with Oregon Standard Specifications-Page 4 (Revised February, 2004)