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GJN4275 Morse Contract #2009-00018
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GJN4275 Morse Contract #2009-00018
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Last modified
10/18/2011 1:02:16 PM
Creation date
5/5/2009 1:36:43 PM
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PW_Capital
PW_Document_Type_Capital
Contracts
PW_Active
No
External_View
No
GJN
004275
GL_Project_Number
975394
COE_Contract_Number
2009-00018
Retention_Destruction_Date
6/2/2021
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'~ <br />17. Contract Documents; Interpretatioh. Where possible, all parts of the Contract shall be <br />interpreted in a manner that avoids conflict between the various dpcuments and their <br />provisions. In the event that any provision of this Document conflicts with any provision of <br />the Specificaticns, the provision that is mast detailed shall prevail. In the event that any <br />other component part of the Contract conflicts with any provisioh 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 State of Oregon without regard to principles of <br />conflict of laws. The parties tb 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 forthe District of Oregon, Eugene Division. In no event shalt 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 />jurisdiction 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, orcannot 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 Coniract includes the entire agreement between the parties <br />as of its date 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 bf signature by the <br />parties, below. <br />Public Improvement Contract for Use with Oregon Standard Specifications -Page 5 <br />(Revised October 2008) <br />
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