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In any litigation, the entire text of any order or permit issued by a governmental or regulatory <br /> authority, as well as any documents referenced or incorporated therein by reference, shall be <br /> admissible for the purpose of contract interpretation. <br /> 18.2. Construction of Contract. This Agreement shall not be construed against either party <br /> regardless of which party drafted it. Other than as modified by the Agreement, the applicable <br /> rules of contract construction and evidence shall apply. This Agreement shall be governed by <br /> and construed in accordance with the laws of the State of Oregon without regard to principles of <br /> conflict of laws. <br /> 18.3. Forum. Any litigation between the City and the Contractor that arises from or relates to this <br /> Agreement 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 shall be <br /> brought and conducted solely and exclusively within the United States District Court for the <br /> District of Oregon, Eugene Division. In no event shall this Subsection be construed as a waiver <br /> by the City of Eugene of any form of defense or immunity, whether-sovereign immunity, <br /> governmental immunity or otherwise, from any claim or from the jurisdiction of any court. <br /> BUYER, BY EXECUTION OF THE CONTRACT HEREBY CONSENTS TO THE IN <br /> PERSONAM JURISDICTION OF THE COURTS REFERENCED IN THIS SECTION. <br /> 18.4. Attorneys' Fees. If any suit; action, arbitration or other proceeding is instituted upon this <br /> Agreement or to enforce creditor's rights or otherwise pursue, defend or litigate issues to or <br /> peculiar to federal bankruptcy law (including, but not limited to, efforts to obtain relief from any <br /> automatic stay), or any other controversy arises from this Agreement, the prevailing party shall <br /> be entitled to recover from the other party and the other party agrees to pay the prevailing party, <br /> in addition to costs and disbursements allowed by law, such sum as the court, arbitrator or other <br /> adjudicator may adjudge reasonable as an attorneys' fee in such suit, action, arbitration or other <br /> proceeding, and in any appeal thereof or therefrom. Such sum-shall include an amount <br /> estimated by the court, arbitrator or adjudicator, as the reasonable costs and fees to be incurred <br /> in collecting any monetary judgment or award or otherwise enforcing each award, order, <br /> judgment or decree entered in such suit, action or other proceeding. -The award of costs and <br /> expenses after trial de novo following arbitration under ORS 36.400 et seq. shall be made as <br /> provided for in ORS 36.425. The award of costs and expenses after appeal from a judgment <br /> entered after trial de novo shall be to the prevailing party designated as such.by the appeals <br /> court. <br /> 19. No Third Party Beneficiaries. The parties to this contract do not intend to confer on any third party <br /> any rights under this contract. All Subcontractors are third parties. <br /> <br /> 20. Survival. Any obligation arising under the Contract which is not, or cannot be performed or paid prior <br /> to the expiration or termination of the Contract, including, but not limited to, all provisions concerning <br /> the quality of the Work, warranties and obligations for payment, indemnification, and reimbursement, <br /> shall survive termination or expiration of the Contract. <br /> <br /> 21. Integration; Amendment. The Contract includes the entire Agreement between the parties as of its <br /> date of execution and shall not be modified or amended, except as .expressly provided in the <br /> Contract. <br /> Public Improvement Contract for Use with Oregon Standard Specifications -Page 5 <br /> <br /> (Revised February 2004) <br /> <br />