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the Work within the Contract Time. In order to cpmpensate City for the damages City will suffer <br /> <br /> _ because of a delay, the parties have estimated the amount City would be damaged for every working <br /> day completion is delayed. The parties believe that the sum set as liquidated damages is reasonably . <br /> related to City's anticipated damages per working day after the Contract Time that the Work is not <br /> completed. Contractor will not contest such sum as being other than a true measure of damages in <br /> the event those damages become payable under these provisions. <br /> , <br /> 15. Notices. Any. written notices permitted or required by this contract shall be deemed given when <br /> personally delivered, or five days after deposit in the United States mail, postage fully prepaid, <br /> certified, return receipt requested, addressed to the representatives of the parties as set forth below or <br /> when delivered by electronically confirmed facsimile transmission to the FAX address and attention of <br /> the representatives of the parties set for below: <br /> Contractor: Michael C. Wildish, Vice President <br /> Wildish Construction Co. <br /> PO Box 7428 <br /> Eugene, OR 97401 ` <br /> Phone: 541-485-1700 <br /> Fax: 541-683-7722 <br /> City: Mark Schoening, Project Engineer <br /> City of Eugene <br /> 99 E Broadway, Suite 400 <br /> Eugene OR 97401 <br /> FAX: 541-682-8410 <br /> or such other address as either party may provide to the other by notice given in accordance with <br /> this provision. _ <br /> 16. Contract Documents/Interpretation. Where possible, all parts of the Contract shall be interpreted <br /> in a manner that avoids conflict between the various documents and their provisions. In the event <br /> that any provision of this Document. conflicts with any provision of the Specifications, the provision that <br /> is.most detailed shall prevail. In the event that any other component part of the Contract conflicts with <br /> any provision of any other component part, the precedence of documents shall be as set forth in the <br /> Standard Specifications. <br /> 17. Governing Law. This contract shall be governed by. and interpreted in accordance with the laws of <br /> the State of Oregon. The parties to this contract do not intend to confer on any third party any rights <br /> under this contract. <br /> 18. Dispute Resolution. <br /> 18.1. Arbitration. Litigation of a claim that cannot be resolved by negotiation or voluntary mediation <br /> shall be initiated by filing a complaint in the Lane County Circuit Court that contains a stipulation <br /> to arbitration under ORS 36.410. The claim and all cross and counter-claims filed in response to <br /> the complaint shall be submitted to the Court Arbitration Program set forth in ORS 36.400 to <br /> 36.425, Chapter 13 of the Oregon Uniform Trial Court rules and the Lane County Circuit Court <br /> supplemental local rules concerning arbitration. Either party may seek, and shall be entitled to, <br /> an order directing the other party to submit to arbitration as provided herein and to judgment for <br /> its costs, expenses and attorney fees in obtaining and enforcing the order, provided that, neither <br /> party shall be required to arbitrate a dispute if all necessary parties cannot be joined in the <br /> arbitration. <br /> Public Improvement Contract for Use with. Oregon Standard Specifications -Page 4 <br /> (Revised February 2004) . <br /> <br />