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GJN 4502 Contract 2009-19
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GJN 4502 Contract 2009-19
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Last modified
5/3/2011 2:09:42 PM
Creation date
4/29/2009 4:42:13 PM
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PW_Capital
PW_Document_Type_Capital
Contracts
PW_Active
No
External_View
No
GJN
004502
GL_Project_Number
985084
COE_Contract_Number
2009-00019
Retention_Destruction_Date
5/3/2021
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other component part of the Contract conflicts with any provision of any other component <br /> part, the precedence of documents shall be as set forth in the General Conditions. <br /> 18. Governing Law; No Third Party Beneficiaries. The Contract shall be governed by and <br /> interpreted in accordance with the laws of. the Sta#e of Oregon without regard to principles ofi <br /> conflict of taws. The parties to the Contract do not intend to confer. on any third party any <br /> rights under the Contract. <br /> 19. Dispute Resolution. <br /> 19.1. Disagreements; Protests; .and Claims. All disagreements, protests and claims <br /> relating to the Contract, including claims for additional compensation and time for <br /> performance and completion of the Work, shall be resolved in accordance with section <br /> 00199 of the General Conditions. <br /> 19.2. Construction of Contract. The Contract shall not be construed against either party , <br /> regardless of which party drafted it. Other than as modified by this Document, the <br /> .,applicable rules of contract construction and evidence shall apply. <br /> 19.3. Forum. Any litigation between City and Contractor that arises from or relates to the <br /> Contract shall be brought and conducted solely and exclusively within the Lane County- <br /> Circuit Court; .provided, however, if a dispute must be brought in a federal forum, then it <br /> shall be brought and conducted solely and exclusively within the United States District <br /> Court for the District of Oregon, Eugene Division. In no event shall this paragraph be <br /> construed as a waiver by City of Eugene of any form of defense or immunity, whether <br /> sovereign immunity, governmental immunity or otherwise, from any claim or from the . <br /> jtarisdiction of any:court. CONTRACTOR, BY EXECUTION OF THIS CONTRACT, <br /> HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION OF THE COURTS- <br /> REFERENCED. IN THIS PARAGRAPH. <br /> 20. No Third Party Beneficiaries. The parties to the Contract do not intend to confer on any <br /> third party any rights under. the Contract. All Subcontractors are third parties.. <br /> 21: Survival. Any obligation arising under the Contract which is not, or cannot be performed or <br /> paid prior to the expiration or termination of the Contract, including, but not limited to, all <br /> provisions concerning the quality of the Work, warranties and obligations for payment, <br /> indemnification, and reimbursement, shall survive termination or expiration of the Contract.. <br /> 22. Integration; Amendment. The Contract includes the entire agreement between the parties. <br /> as of its da#e of execution and shall not be modified or amended, except as expressly <br /> .provided in the Contract. <br /> 23. Effective Date. The effective date of the Contract shall be the latest date of signature by the <br /> parties, below. <br /> CITY OF EUGENE CONTRACTOR <br /> 5~' <br /> BY~ .A <br /> (signature) (signatu e) <br /> Jon R. Ruiz Michael C. Wildish <br /> City Manager Vice President <br /> y <br /> Date: l-I ~a 3 l Date: f6 ~ <br /> Public Improvement Contract for Use with Oregon Standard Specifications -Page 5 <br /> <br /> (Revised October 2008) <br /> <br />
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