New Search
Y <br />from any claim or from the jurisdiction of any court. Contractor by execution of the contract <br />hereby consents to the in personam jurisdiction of the courts referenced in this paragraph. <br />19. Dispute Resolution. Except as otherwise expressly provided in the Specifications, all claims or <br />disputes between City and Contractor arising out of or related to the Work or this contract shall be <br />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 concerning 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 attorney 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 party 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 shall 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, indemnification, 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 />Public Improvement Contract for Use with Oregon Standard Specifications-Page 5 <br />(Revised February, 2004) <br />