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ea/lyiaooa rev ia~ss slat ~ <br /> judgment for ?ta costs, sxpen~es and attorney feo4 In obtatning and enforcing the <br /> order. <br /> In any liggatlon, the entire text of any order or permit issued by a governmarttal or <br /> regulatory attthortry, as ;Me,l as any documents referent~d or Incorporated therein by <br /> reference, shalt be adm~ssibta far the purpose cf contract interpretation. <br /> 17.4 Canstruclton of Contract. 'this Contract shall not be constrc~tl against either party <br /> • regardless of which party drafted It. Other than as modified by agreement, the <br /> • applicable rules vl contract construction and evidence shelf apply, This Contrail <br /> shall be governed by and canstrued•in AaCOrdartoe with the laws of the State vf' <br /> . ' Oregon without regard to principles of conflict of Mws. <br /> 17.5 Fanim. Any Iitigatlort between the City and ttte Cvntractvr that arises from or r~9latea <br /> to this Corrtrad athaH be brought and concluded solely and exclusively within the <br /> Lane County Circuit Court; provided, however, If a dispute must ba brought in a <br /> fedora! forum, then ft shall tie brought and oonductbd solely and eraofusivaly within <br /> the United Steles Ufatrid Court tor'tra District of Oregon, Eugene Division. In no <br /> event shetl this Subsection tie construed as a waiver try the City of Eugene of any <br /> form of defense ar Immtmity, whether sovereign immunity, govemmantai immunity or <br /> otherwise, from any claim or from the JurladlcBort of any court. [,~NTRACTOR, BY <br /> EXECUTION OF THE CONTRACT HERESY CONSENYS 70 TFiE IN fsERSONI~M <br /> JURISRICYION OF THE COURTS REFERENCED IN TH15 SECTION. <br /> 17.8 Aisorneys~ Fpas. If any soft, awtiion, arbitration or other proceeding is instituted upon <br /> this Cont: <br /> sot or to enforoe creditnr'a rights er othanMse pursue, defend ~ Iltiggale <br /> issues rel8ted to or peculiar to federal bankruptcy law (IrtCluding, but not I'mited try, <br /> eKorts to obtain reUef from an automatic stay). or any ottror ~ntroveray arises fmm <br /> this Ccmtract the prevailing party shall ba entitled to recover rtrom the other i'iarty artd <br /> the other party egr9as to pay the prevaiGne party, in addition to coats and <br /> disbWSBmsnts sNcwed by law, such sum as the court, arbitrator or other adjudicator <br /> may sdJudge reasonable as an attorneys fee to such suit, acUan, arbltratlan ar ether <br /> proceeding, and in any appeal. Such sum shall include an amount estimated by the <br /> . court, arAltratororadjudi~tor, as the reasonable cosh and lees to be incurred In <br /> collecting any mor?etary judgment or auvard or otherwise enforcing each award, <br /> Order, judgment or decree entered In such suit, action or other proceeding. <br /> The award of costa and expenses after trial de rtovo fallpwing arpitratlon urtdar ORS <br /> 36.400 et seq. shalt be made a9 provided fvr in ORS 38.423. The award of cost <br /> antf expenses ai`er appeal from a Judgment etteered after trial de nova shalt ba to <br /> the prevailirg party designated as such by the appeals court. <br /> ~ 6. IntQgttartlon. 'The Contract atntwdlas the entire agreement of the parties concerning the <br /> Services. Thayer are no promises, terms, candltlons or obi?gationa other than those <br /> contained herein. The Contract shall supersede alt prior communications, representations <br /> or agr9errronts, edher oral or written, l~etwe~t tfie parties Tt1e Contrect anaN not be <br /> amendeZl except in writing, signed by troth parties. <br /> 1 g. l3urvival. Any duty, liability or obligativrt of a party whid'r aria under this Contr'ac#, <br /> ind~ding without limitation, obligations with r®spect tD irtdemnitlcation, shall survive the <br /> ~ONT~:T NUM6ER 2(rJ¢o0xi~ Page 8 <br /> <br /> 01: ~7dd NI H~ti35321 l~~J31ti211S LESbLbbblLt LZ~EO 800Z/6S/90 <br /> <br />