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Delta Ponds Path and Bridge IGA <br /> City of Eugene <br /> Page 3 of 4 <br /> 2. The Project will be funded with a combination of federal and local funds and at no <br /> cost to COUNTY. COUNTY'S use of the Public Accessway Easement and associated Variable <br /> Message Sign project, will be funded at no cost to CITY. <br /> 3. The term of this Agreement is 24 months, or until completion of the Project, which <br /> ever is later, commencing on the date ("Effective Date") on which this Agreement has been fully <br /> executed. <br /> 4. COUNTY or CITY may, at any time upon 30 days prior written notice to the other <br /> party, terminate this Agreement for any or no reason. However, any such termination shall be <br /> without prejudice to any liabilities or obligations of any part already accrued as of receipt of the <br /> written notice. The COUNTY or CITY may terminate if federal, state, or local laws, regulations <br /> or guidelines are modified or interpreted in such a way that either the work under this <br /> Agreement is prohibited or COUNTY or CITY is prohibited from participation in the Project. The <br /> date of the termination shall be no later than the effective date of the change in the law. <br /> 5. Delta Highway is currently under the jurisdiction of COUNTY, but at some time in the <br /> future, jurisdiction may be transferred to the State of Oregon. The rights and obligations <br /> granted herein shall be binding on the respective parties and/or their successors and assigns in <br /> interest. <br /> 6. To the extent allowable by the Oregon Constitution, Oregon Revised Statutes and <br /> limitations of the Oregon Tort Claims Act, each of the parties hereto agree to indemnify and <br /> save the other harmless from any claims, liability or damages resulting from any error, omission <br /> or act of negligence on the part of the indemnifying party, its officers, agents or employees <br /> relative to the responsibilities of the indemnifying party in performance of this Agreement. <br /> 7. The parties hereto shall exert every effort to cooperatively resolve any disagreement <br /> they may have under the Agreement: In the event that the parties alone are unable to resolve <br /> any conflict under this Agreement, they agree to present their disagreement to a mutually <br /> selected mediator. Each,party shall bear its own costs for mediation and the parties shall share <br /> equally the cost of the mediation. This procedure shall be followed to its conclusion prior. to <br /> either party seeking relief from a court,. except in the case of an emergency. <br /> If the dispute remains unresolved through mediation the parties may agree in writing to <br /> <br /> .submit the dispute to binding arbitration, using such arbitration process as they may choose at <br /> the time and which include the following conditions: <br /> a) The location of the arbitration shall be in Eugene, Oregon; <br /> b) Each party shall bear its own costs, (except arbitration filing costs), witness fees, and <br /> attorney fees, <br /> c) Arbitration filing costs and any arbitrators' fees will be divided equally between the parties; <br /> and <br /> d) Judgment upon award rendered by the Arbitrator may be entered in a court in Lane. County,. <br /> Oregon. <br /> <br />