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the Work within the Contract Time. In order to compensate City for the damages City will suffer <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 /> <br /> - the event those damages become payable under these provisions. <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 <br /> or when delivered by electronically confirmed facsimile transmission to the FAX address. and attention <br /> of the representatives of the parties set for below: <br /> .Contractor: Michael C. Wildish <br /> - Wildish Construction Co. <br /> PO Box 7428 <br /> Eugene, OR 97401 <br /> Fax: 541-683-7722 <br /> Phone: 541-485-1700 <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 <br /> that is most detailed shall prevail. In the event that any other component part of the Contract <br /> conflicts with any provision of any other component part, the precedence of documents shall be as <br /> set forth in the 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 36.41'0. The claim and all cross and counter-claims filed in response <br /> to 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 />