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22. Non - Waiver. Waiver by either party of strict performance of any provision of this contract <br />shall not be a waiver of, nor prejudice the party's right to require, strict performance of the <br />same provision or any other provision of the contract in the future. <br />23. Notices. Any notices permitted or required by this contract shall be deemed given when <br />personally delivered or upon deposit in the United States mail, postage fully prepaid, <br />certified, return receipt requested, addressed to the parties at the address designated in <br />paragraph 5, or such other address as either party may provide to the other by notice given <br />in accordance with this provision. <br />24. Attorney Fees. In the event of any action to enforce or interpret this contract, the <br />prevailing party shall be entitled to recover from the losing party, in addition to costs and <br />disbursements allowed by the court, reasonable attorney fees incurred in the proceeding, <br />as set by the court, at trial, on appeal or upon review. Such fees shall include an amount <br />estimated by the court to be incurred by the prevailing party in realizing upon any judgment <br />or enforcing any decree. <br />25. Integration. This contract embodies the entire agreement of the parties. There are no <br />promises, terms, conditions, or obligations other than those contained herein. This <br />contract shall supersede all prior communications, representations or agreements, either <br />oral or written, between the parties. This contract shall not be amended except in writing, <br />signed by both parties. <br />26. Interpretation. This contract shall be governed by and interpreted in accordance with the <br />laws of the State of Oregon. The parties do not intend to confer on any third party any <br />rights under this contract. <br />27. Jurisdiction and Venue. All actions relating to this contract shall be tried before the <br />courts of the State of Oregon to the exclusion of all courts which might have jurisdiction <br />apart from this provision. Venue in any action shall lie in the Circuit Court of Lane County, <br />Oregon. <br />CITY OF EUGENE <br />CONTRACTOR <br />By: — By: <br />signatu Ig ature) <br />Johnny R. Medlin, Director Lester Brock <br />Parks and Open Space Division Lester Brock Construction <br />Date: Date: <br />Non - Facility Trade Service Contract- -Page 6 <br />(Revised December 1997) <br />