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accordance with the laws of the State of Oregon. Arbitration pertaining to this Agreement shall <br /> be convened in Eugene, Oregon. Litigation pertaining to this Agreement shall be convened in <br /> the Circuit Court of the State of Oregon for Lane County or in the Southern Division of the United <br /> States District Court for the District of Oregon. <br /> 9. If any term of this letter-agreement is determined to be illegal or unenforceable by a <br /> court or arbitrator, then the validity of the remaining terms shall not be affected and the rights <br /> and obligations of the parties hereunder shall be construed and enforced as if the illegal or <br /> unenforceable term was not included in the letter-agreement. <br /> 10. This letter-agreement shall supersede all prior communications, representations or <br /> agreements, either oral or written, between the City and Arlie regarding the Crescent Avenue <br /> pavement preservation project. This letter-agreement embodies the entire agreement of the City <br /> and Arlie as of its date of execution. <br /> CITY OF EUGENE <br /> Date: ~S ~ ~ , 2009 B : . <br /> Y <br /> Its: _ <br /> ARLIE Sc COM I~Y <br /> , <br /> Date: , 2009 By: = <br /> Its: 1.°rl'~ <br /> <br /> q:\projects\proj-2\4502\contract\other agreements\4502-20090526-letter arlie_agreement.docx Page 3 of 3 <br /> <br />