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J <br /> i <br /> <br /> City of Eugene WEC IGA <br /> Page2of3 <br /> procedure shall be followed to its conclusion prior to either party seeking relief from a <br /> court, except in the case of an emergency. <br /> If the dispute remains unresolved through mediation, the parties may agree in <br /> writing to submit the dispute to arbitration, using such arbitration process as they may <br /> choose at the time and which includes the following conditions: <br /> a. The location of the arbitration shall be in Eugene, Oregon; <br /> b. Each party shall bear its own costs. (except arbitration filing cots), witness <br /> fees, and attorney fees; <br /> c. Arbitration filing costs and any arbitrator's.. fees will be divided equally <br /> between the parties; and <br /> d. Judgment upon award rendered by the Arbitrator may be entered in a court in <br /> Lane County, Oregon. <br /> COUNTY AGREES: <br /> 6. Upon receipt of invoice, to transfer $40,000 from County Road Fund to CITY <br /> to be used to support th'e WEC process in accordance with Lane County Board Order <br /> No. 07=11-28-5.. <br /> CITY AGREES: , <br /> 7. That County Road Funds shall be used in accordance with Article IX, Section <br /> 3a of the Oregon Constitution: COUNTY reserves the right to review work products and <br /> any documentation associated with the WEC process related to use of County Road. <br /> Funds. <br /> 8. To submit all requests for Gounty funds in written form and signed by an <br /> authorized representative of CITY. <br /> 9. To return all unused County funds not used in accordance with the above <br /> conditions at the conclusion of the WEC process or December 31, 2008, whichever <br /> comes first. <br /> This agreement constitutes the entire agreement between the COUNTY and CITY on <br /> the subject matter hereof. No waiver, consent, modification or change of terms of this <br /> agreement shall -bind either party unless in writing and signed by both the COUNTY and <br /> CITY. Such waiver, consent, modification or change,. if made, shall be effective only in <br /> the specific instance and for the specific purpose given. There are no understandings, <br /> agreements, or representations, oral or written, not specified herein regarding this <br /> <br />