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2008-00329 Contract
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2008-00329 Contract
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Last modified
4/5/2011 2:19:31 PM
Creation date
8/17/2010 12:58:12 PM
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PW_Operating
PW_Document_Type_ Operating
Contracts
Fiscal_Year
2008
PW_Division
Administration
GL_Fund
543
GL_ORG
8930
Identification_Number
2008-00329
COE_Contract_Number
2008-00329
External_View
No
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otherwise, from any claim or from the jurisdiction of any court. CONTRACTOR, BY <br />EXECUTION OF THE CONTRACT HEREBY CONSENTS TO THE IN PERSONAM <br />JURISDICTION OF THE COURTS REFERENCED IN THIS SECTION. <br />17.6 Attorneys' Fees. If any suit, action, arbitration or other proceeding is instituted upon <br />this Contract or to enforce creditor's rights or otherwise pursue, defend or litigate <br />issues related to or peculiar to federal bankruptcy law (including, but not limited to, <br />efforts to obtain relief from an automatic stay), or any other controversy arises from <br />this Contract the prevailing party shall be entitled to recover from the other party and <br />the other party agrees to pay the prevailing party, in addition to costs and <br />disbursements allowed by law, such sum as the court, arbitrator or other adjudicator <br />may adjudge reasonable as an attorneys' fee in such suit, action, arbitration or other <br />proceeding, and in any appeal. Such sum shall include an amount estimated by the <br />court, arbitrator or adjudicator, as the reasonable costs and fees to be incurred in <br />collecting any monetary judgment or award or otherwise enforcing each award, <br />order, judgment or decree entered in such suit, action or other proceeding. <br />The award of costs and expenses after trial de novo following arbitration under ORS <br />36.400 et seq. shall be made as provided for in ORS 36.425. The award of costs <br />and expenses after appeal from a judgment entered after trial de novo shall be to <br />the prevailing party designated as such by the appeals court. <br />18. Integration. The Contract embodies the entire agreement of the parties concerning the <br />Services. There are no promises, terms, conditions or obligations other than those <br />contained herein. The Contract shall supersede all prior communications, representations <br />or agreements, either oral or written, between the parties. The Contract shall not be <br />amended except in writing, signed by both parties. <br />19. Survival. Any duty, liability or obligation of a party which arises under this Contract, <br />including without limitation, obligations with respect to indemnification, shall survive the <br />termination or expiration of this Contract and shall be legally enforceable until satisfied by <br />performance or payment, or until enforcement is legally precluded by lapse of time. <br />20. No Third-Party Beneficiaries. There are no third-party beneficiaries of this Contract. The <br />parties agree and intend that this Contract shall be enforceable only by the parties and their <br />duly authorized representatives. <br />CONTRACT NUMBER 20078-00329 Page 8 <br />
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