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 to the Contractdo 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 i#: Other than as modified by this Document, the <br /> <br /> ~I 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 for the District of Ore on Eu ene Division. In no ev <br /> ent shall ' <br /> 9 9 this ara ra h be , <br /> p 9 P <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, or cannot 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 Contract 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 of signature by the <br /> parties, below. • <br /> • CITY OF EUGENE ~ CONTRAC Va~~ ~1~ <br /> By: B an S. Berger <br /> (signature) (si ature) t • <br /> Jon R. Ruiz <br /> City Manager <br /> Date: Date: ~ ~ <br /> Public Improvement Contract for Use with Oregon Standard Specifications -Page 5 <br /> (Revised October 2008) <br /> <br />