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GJN4637 4435 Knife River 2010-00022
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GJN4637 4435 Knife River 2010-00022
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Last modified
2/16/2011 9:21:02 AM
Creation date
6/10/2010 11:21:48 AM
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PW_Capital
PW_Document_Type_Capital
Contracts
PW_Active
No
External_View
No
GJN
004637
GL_Project_Number
995564
COE_Contract_Number
2010-00022
Retention_Destruction_Date
2/14/2021
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provisions. In the event that any provision of this Document conflicts with any provision of <br />the Specifications, the provision that is most detailed shall prevail. In the event that any <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. 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 />
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