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GJN4612 Eugene Sand 2010-00005
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GJN4612 Eugene Sand 2010-00005
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Last modified
10/19/2011 12:17:01 PM
Creation date
8/28/2009 2:44:07 PM
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PW_Capital
PW_Document_Type_Capital
Contracts
PW_Active
No
External_View
No
GJN
004612
GL_Project_Number
995532
COE_Contract_Number
2010-00005
Retention_Destruction_Date
3/1/2021
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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 /> <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 CONTRACTOR <br /> ' By: By: <br /> (si nature) tune) <br /> Kurt Corey, P.E. KC Klosterman <br /> Public Works Director Vice President <br /> Date: Date: ` L~° 1.~ <br /> Public Improvement Contract for Use with Oregon Standard Specifications -Page 5 <br /> (Revised October 2008) <br /> <br />
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