New Search
performance and completiori of the Work; shall be resolved in accordance with section <br /> 00199 of the General Conditions. <br /> i <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 Ore on Eu en D' ' ' <br /> e ivision. In no event shall this ara ra h b <br /> 9 e <br /> 9 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 /> I <br /> 21. Survival. Any obligation arising under the Contract which is not, or cannot be performed or <br /> <br /> - paid prior to the expiration or termination of the Contract, including, but not limited:#o, 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 agreemenf between the parties <br /> as of its date of execution and shall not be modified or amended, except as expressly <br /> rovided in <br /> the Con r <br /> t act. <br /> p <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 CONTRACTOR <br /> By: _ \ By: <br /> (signature) (signature) <br /> Jon R. Ruiz Avon Lee Babb <br /> City Manager President <br /> Date: ? ~i~~~ Date: 2«(~ <br /> Public Improvement Contract for Use with Oregon Standard Specifications -Page 5 <br /> (Revised October 2008) <br /> <br />