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GJN3923 Babb/Delta 2009-00027
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GJN3923 Babb/Delta 2009-00027
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Last modified
10/18/2011 10:52:10 AM
Creation date
6/23/2009 4:51:12 PM
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PW_Capital
PW_Document_Type_Capital
Contracts
PW_Active
No
External_View
No
GJN
003923
GL_Project_Number
935034
COE_Contract_Number
2009-00027
Retention_Destruction_Date
6/2/2021
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<br /> I.. <br /> <br /> I <br /> other component part of the Contract conflicts with any provision of any other component <br /> part, the precedence of documents shall be as set forth in the General Conditions. <br /> 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 Contract do 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 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. Any person who believes that he/she has been excluded from participation in, denied benefits <br /> or services of any program or activity administered by the Department or it sub-recipients, <br /> consultants, and contractors on the basis of age, disability, gender, race, color,, national <br /> origin, age income status and religion may bring forth.a complaint of discrimination under <br /> Title VI and related statutes to the Oregon Department of Transportation, Office of Civil <br /> Rights, 800 Airport Road SE, Salem, Oregon, 97301, (503) 986-4350. <br /> 24. Effective Date. The effective date of the Contract shall be the latest date of signature by the <br /> parties, below. <br /> Public Improvement Contract for Use with Oregon Standard Specifications -Page 5 <br /> (Revised October 2008) <br /> <br />
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