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. ' ~ <br />14. Assi n~ ment. City has agreed to enter into this Agreement given the unique characte--istics <br />of Benefactor. The parties agree tliat Benefactor shall not assign its interest in or obligatio-Is <br />under this Agreement. City may assi~n its rights, but not its obligations, under this <br />agreement if required by the State of Orego~l as a condition to execution of the ODOT <br />Contract or to avoid termination of the ODOT Contract prior to its completion. <br />15. Merger/Amendment. This Agreement shall be construed to incorporate and include all <br />Exhibits referred to in this document and the executed ODOT Contract, as such contract <br />may, from time to time, be amended, provided that Benefactor shall be bound by but have <br />no rights under the ODOT Contract. In any case in which there is a conflict between this <br />Agreement and the ODOT Contract, the provisions of the ODOT Contract shall be <br />controlling and binding on Benefactor. There are no other undertakings, promises or <br />agreements, either verbal or in writing, other than those which are contained in this <br />Agreement, which affect the provisions of this Agreement. Any amendments to this <br />Agreement shall be in writing and erecuted by both parties. <br />16. Applicable Laws/Jurisdiction. The laws of the State of Oregon shall be used in construing <br />this Agreement and enforcing the rights and remedies of the parties. The parties further <br />agree that jurisdiction over this Agreement and matters relating thereto shall lie in the courts <br />of the State of Oregon. <br />17. Survival. If Benefactor satisfactorily completes all of his payment obligations hereunder, <br />then the provisions of Section 9 shall survive the termination of this Agreement and shall be <br />enforceable by Benefactor unfil January 1, 2024. _ <br />IN WITNESS WHEREOF,,the parties hereto have caused this Agreement to be duly <br />executed as of the date and year first above written. <br />GOLDEN CIRCLE RECREATION, INC., <br />an Oregon corporation <br />__ r <br />r ~ ~ C.' ~ ,~i ;y'~: <br />By: v.~~.,if ~~1~`,. 1 <br />Clifford~E~ Shirley, President <br />•, ,. <br />cJ ' '.` ' <br />Date: . ~ ~ <br />CITY OF EUGENE, <br />an Oregon municipal corporation <br />r; <br />, ~~ . <br />~ ~, By~~ /~ <br />, ~r'~ _ <br />James R. Johnson, City Manager ~ <br />. ~~ ~ <br />Date: "~..'" ,~-~,, " °~j "~ <br />Agreement for Acquisition and Developnient of Pre's Rock Park - Page 8 <br />