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<br /> 02/16/2005 WED 08:41 FAX 541 682 4963 PW TRANSPORTATION [~j003/007 <br /> 2. DEVELOPER OBLIGATIONS: Developer shall be required by this agreement to pay for project <br /> pavement striping and marking work done by the City. <br /> 3, COST OF WORK: The City's estimated cost is 53,85A,94 for the project pavement striping and <br /> marking work to be provided by the City. <br /> 4, PAYMENT METHOD: Payment by Developer shall be made, by a check payable to the City of <br /> Eugene, within 10 days of receipt of the City's lnvoicc for the completed project striping work. <br /> 5, MODIFICATIONS: City may modify pavement striping and markings, as shown on the Sheet 7 <br /> Drawing for City PEPI Project No_ 4015, as the City deems appropriate for the low traffic volumes <br /> and will schedule work under acceptable weather conditions, and may delay work until warm dry <br /> pavement. <br /> 6. TERM/BINb)[NG EFFECT: This agreement shall run with the land, and shall be binding ou <br /> Developer's heirs, successors, and assigns. This agreement s1~111 remain in full force and effect <br /> unless canceled or modified with the unanimous consent o1' both parties. <br /> 7. TIME OF ESSENCE: Time is of the essence for each of the terms, covenants and conditions of this <br /> agreelneM. <br /> 8, TNDEMNITICATION: Each party shall indemnify, defend, and hold the other, thc;ir respective <br /> officers, agents and employes, harmless from and against all claims, actions, liabilities, costs, <br /> including attomcy fees and other costs of defense, or any appeal or review thereof, arising out of or in <br /> any way related to the party's performance under this agreement, the party's failure to strictly comply <br /> with any provision of this agrec;mcnt, or any other actions or failure to act by the party, the party's <br /> employees, agents, officers and contractors as such acts or omissions relate to this agreement. <br /> 9. ATTORNEY FEES: In the event of any legal proceeding is commenced for the purpose of <br /> interpreting or enforcing any provision of this agreement, the prevailing party in such proceeding shall <br /> be entitled to recover reasonable attorney fees in the proceeding or any appeal or review thereof, to be <br /> set by the court without the becessity of hearing testimony or receiving evidence, in addition to the <br /> costs and disbursements allowed by law. In addition, in the event of default by either party in <br /> performance of this agreement, the defaulting party agrees to pay all reasonably attorney fees and <br /> legal expenses incurred by the non-defanlting party in collecting any sunLS due hereunder, even though <br /> no litigation is filed. <br /> 10. MERGER/AMENDMENT: There are not other undertakings, promises or agrecmeirts, either <br /> verbal or in writing other than those which are contained in this agreement wluch afl'ec[ the provisions <br /> of this agreement. Any amendments to this agreement shall be in writing and executed by both <br /> parties. <br /> 11. APPGTCABLE LAWS/JURISDICTION: The laws of the State of Orcgo~n shall be used in <br /> construing this aggreement and enforcing the righu and remedies of the parties. The parties further <br /> agree that jurisdiction over this agrcement and matters relating thereto shall be in the courts of the <br /> State of Oregon. <br /> 1 <br /> <br />