15.5 Nothing in this Section 15 is intended to appropriate to City any personal property not <br />created for City under the Contract or any property used or incorporated into a Work <br />Product that was owned by Contractor or a third party prior to its use for the Services <br />or that is merely a minor development or enhancement of Contractor's pre-existing <br />proprietary process, formula or technology. <br />15.6 City shall remove Contractor's name and trademarks, if any, from any copy of a <br />Work Product that is modified except when modified by Contractor, and Contractor <br />shall have no responsibility for any modification of a Work Product that is not made <br />under Contractor's supervision. <br />16. Notices. Any notice permitted or required by the Contract shall be deemed given when <br />personally delivered or upon deposit in the United States mail, postage fully prepaid, <br />certified, and with return receipt requested, to the persons and addresses shown below. In <br />addition, if directions for telephonic transmission ("FAX") are set forth below, notices may be <br />delivered by FAX. Notices sent by certified mail will be deemed delivered three business <br />days after placement in the mail and notices sent by FAX will be deemed delivered when <br />successful transmission is electronically confirmed. Except as expressly provided in the <br />Contract, required notices must be signed by the person designated to receive notices, or <br />that person's designee or attorney. <br />Contractor: Dr. G. Gary Manross <br />Strategy Research Institute <br />PO Box 6548 <br />Fullerton, CA 92834 <br />City: Eric Jones, Public Affairs Manager <br />Public Works/Administration <br />858 Pearl Street <br />Eugene, Oregon 97401 <br />Each party shall notify the other of any change in the name, address or FAX instructions to <br />be used for delivery of notices. <br />17. Dispute Resolution. <br />17.1 Continued Performance. Unless the Contract is terminated, neither party shall <br />suspend performance of its obligation hereunder pending the resolution of a dispute. <br />17.2 Negotiation/Mediation. The parties shall attempt to resolve all disputes by <br />negotiation and voluntary mediation. The parties shall share equally in all common <br />costs of mediation. <br />17.3 Litigation/Arbitration. Litigation of a claim that cannot be resolved by negotiation or <br />voluntary mediation shall be initiated by filing a complaint in the Lane County Circuit <br />Court that contains a stipulation to arbitration under ORS 36.410. The claim and all <br />cross and counter-claims filed in response to the complaint shall be submitted to the <br />Court Arbitration Program set forth in ORS 36.400 to 36.425, Chapter 13 of the <br />Oregon Uniform Trial Court Rules and the Lane County Circuit Court supplemental <br />local rules concerning arbitration. Either party may seek, and shall be entitled to, an <br />order directing the other parry to submit to arbitration as provided herein and to <br />CONTRACT NUMBER 2008-00331 Page 7 <br />