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10.Eugene Rule 137-046-0500(3) Right to Inspect Plant. <br />10.1Time for Inspection. The Purchasing Agent may, at reasonable times, inspect the part of the plant or place of business of <br />the contractor or any subcontractor that is related to the performance of any contract awarded. <br />10.2Contractual Provisions. The City may inspect supplies and Services at the contractor's or subcontractor's facility and <br />perform tests to determine whether they conform to the contract requirements. <br />10.3Procedures for Trial Use and Testing. The Purchasing Agent may establish operational procedures governing the testing <br />and trial use of equipment, materials, and the application of resulting information and data to Specifications or <br />Procurement. <br />10.4Location. When an inspection is made in the plant or place of business of a contractor or subcontractor, such contractor <br />or subcontractor shall provide without charge all reasonable facilities and assistance for the safety and convenience of the <br />person performing the inspection or testing. <br />10.5Time of Testing or Inspection. Inspection or testing of supplies and Services performed at the plant or place of business <br />of any contractor or subcontractor shall be performed at reasonable times during normal business hours. <br />10.6Inspection of Construction Projects. Onsite inspection of construction shall be performed in accordance with the <br />provisions of the contract. <br />11.Eugene Rule 137-046-0500(4) Termination in the Public Interest. <br />11.1Termination Provisions. The City may terminate the contract for any reason considered by the City to be in the public <br />interest. Reasons for termination in the public interest include but are not limited to: <br />(a) The contractor cannot complete the work for reasons beyond the control of either the contractor or the City; <br />(b) Necessary materials are not available; <br />(c) A lack of funds; <br />(d) A phenomenon of nature of catastrophic proportions or intensity; <br />(e) Executive orders of the President related to national defense; <br />(f) Congressional or state acts related to funding or changes in applicable laws; or <br />(g) The presence of other circumstances or conditions such that it is impracticable within a reasonable time to complete <br />the work. <br />11.2Payment When Contract Is Terminated. When the contract, or any portion thereof, is terminated before completion of all <br />items of work in the contract, payment will be made for the actual items of work completed under the contract, or by <br />mutual agreement, for items of work partially completed. No claim for loss of anticipated profits will be allowed. <br />11.3Payment for Construction Services. The City may provide in a contract for construction services, detailed provisions <br />under which the contractor shall be entitled, as a matter of right, to compensation upon termination of the contract on <br />account of anyreason considered to be in the public interest. <br />12.Eugene Rule 137-046-0500(8) Governing Law; Jurisdiction <br />12.1Governing Law. This contract shall be governed, construed, and enforced in accordance with the laws of the state of <br />Oregon, unless otherwise approved by the City Attorney or designee. <br />12.2Jurisdiction. Contractor agrees and consents to the exclusive jurisdiction of the courts of the state of Oregon for all <br />purposes regarding the contract and further agrees and consents that venue of any action brought under the contract <br />shall be exclusively in Lane County, Oregon, unless otherwise approved by the City Attorney or designee. <br />13.ORS 305.385, ORS 305.620, ORS chapters 316, 317 and 318 and Chapter 539 Oregon Laws 2015 (SB 675)Compliance <br />with Tax Laws. <br />Contractor certifies its compliance with all applicable state and local tax laws, including but not limited to ORS <br />305.385, ORS 305.620, ORS chapters 316, 317 and 318 and Chapter 539 Oregon Laws 2015 (SB 675). Contractor certifies it <br />will continue to comply with all such tax laws during the term of this contract. Contractor’s failure to comply with such state and <br />local tax laws prior to executing this contract or during the term of this contract constitutes a default for which City may <br />terminate this contract and seek damages and other relief available under the terms of this contract or applicable law. <br />{00149529;1 }Rev. 9/15 <br />