New Search
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 arties to the Contract do not intend to confer on an third art an <br /> p Y p Y Y <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 it. Other than as modified by this Document,~the <br /> 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 Oregon, Eugene Division. In no event shall this paragraph be <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 <br /> r <br /> (signature) (signature) <br /> on R. Ruiz Alan S. Berger <br /> City Manager Vice President <br /> <br /> . Date: ~~~7~9 Date: ~ ~ <br /> Public Improvement Contract for Use with Oregon Standard Specifications -Page 5 <br /> (Revised October 2008) <br /> <br />