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city <br /> Teri Higgins <br /> Eugene, OR 97401 <br /> FAX: 541-682-8410 <br /> email: teri.l.higgins@ci.eugene.or.us <br /> Either party may change its contract representative by giving written notice to the other. <br /> SECTION 7. Notices. Any notice required or permitted to be provided to a party under this <br /> Agreement shall be deemed given when personally delivered or upon deposit ~in the United States <br /> mail, postage fully prepaid, certif ed, return receipt requested and addressed , to the party's <br /> .contract representative or when delivered by electronically confirmed electronic facsimile <br /> <br /> j transmission iffollowed bypostage-prepaid mail delivery. <br /> <br /> I' SECTION 8. Attorneys Fees. If legal action is necessary to enforce any provision of this <br /> Agreement, the prevailing party shall be entitled to an award of its costs in the enforcement, <br /> including the costs of investigation, audit, discovery, court costs and attorneys fees through <br /> settlement, at trial and on appeal. - <br /> SECTION 9. Integration. This, Agreement embodies all of the agreements between the <br /> parties concerning the matters set forth herein as of the date of its execution and supersedes any <br /> and all prior commitments, statements, agreements or. understandings of or between the parties, <br /> both written and oral, concerning the matters described herein. . <br /> SECTION 10. Governing Law and Venue. This Agreement shall be interpreted in accordance <br /> with the laws of the State of Oregon. Venue of any case or controversy between the parties shall <br /> be within the Lane County Circuit Court, provided that any proceeding that must be conducted in <br /> the Federal courts shall be brought in the United States District Court for the State of Oregon in <br /> Eugene; Oregon. Notwithstanding the foregoing each party agrees to the liandling of ariy dispute <br /> for which a Project contractor is a necessary party to the forum for dispute resolution under the <br /> 'contractor's contract. <br /> SECTION 11. Binding Force; Third Party Beneficiaries. The rights, duties and obligations <br /> of the parties under this Agreement shall be binding on, and shall inure to the benefit of each <br /> . party and. that party's lawful successors and assigns. With the sole exception of Lane County, <br /> however, there are no third-parties who are intended to have any rights of enforcement under, or <br /> to be beneficiaries of, this Agreement. <br /> SECTION 12. Effective Date. After execution. and' delivery of this. Agreement by City and <br /> Developer, City shall- submit Amendment 1 to the Grant Agreement to Lane County for its <br /> acceptance. Notwithstanding execution of this Agreement by the parties, this Agreement shall <br /> not become effective until Lane County executes and delivers to City Amendment 1, <br /> substantially in the form set forth in Exhibit B. <br /> CERTIFICATION OF SIGNATORY: If Developer is other than one or more individuals who have <br /> signed below, each individual signing on behalf of Developer hereby certifies and swears <br /> .Developer Agreement -East Ridge Village PUD -Interchange Improvements -Page 6 <br /> <br />