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I 7_ -99 <br />2 5 0 s <br />99062031 <br />5. <br />TERM/BINDING EFFF M This agreement shall run with the,land, and shall be <br />binding on Developer's heirs, successors, and assigns. This agreement shall remain in full force <br />and effect unless canceled or modified with the unanimous consent of both parties. <br />6. TIME OF ESSENCE. Time is of the essence for each of the terms, covenants and ! <br />conditions of this agreement. <br />7, INDEMNiFI ATION. Each party shall indemnify, defend, and hold the other, <br />[heir respective officers, agents and employees, harmless from and against all claims, actions, <br />liabilities, costs, including attorney fees and other costs of defense, or any appeal or review <br />thereof, arising out of or in any way related to the party's performance under this agreement, the <br />party's failure to strictly comply with any provision of this agreement, or any other actions or <br />failure to act by the party, the party's employees; agents, officers and contractors as such acts or <br />omissions relate to this agreement, <br />8. ATTO_ RNEY FEES. In the even[ any legal proceeding is commenced for the <br />f purpose of interpreting or enforcing any provision of this agreement, the prevailing party in such <br />proceeding shall be entitled to recover reasonable attorney fees in the proceeding, or any appeal <br />or review thereof, to be set by the court without the necessity of hearing testimony or receiving <br />evidence, in addition to the costs and disbursements allowed by law. In addition, in the event of <br />default by either party in performance of this agreement, the defaulting party agrees to pay all <br />reasonable attorney fees and legal expenses incurred by the non-defaulting party in collecting any <br />sums due hereunder, even though no litigation is filed. <br />9. MERCF, VAMEND.4ENT. There are not other undertakings, promises or <br />agreements, either verbal or in writing other than those which are contained in this agreement <br />which affect the provisions of this agreement. Any amendments to this agreement shall be in <br />writing and executed by both parties. i <br />s <br />10. APPLICAB nwS/J Rt~nrr-rrniv The laws of the State of Oregon shall be <br />used in construing this agreement and enforcing the rights and remedies of the parties. The parties <br />further agree that jurisdiction over this agreement and matters relating thereto shall be in the courts <br />of the State of Oregon. <br />r <br />IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly i <br />ex <br />ecuted as of the day and year written below. <br />Dated: <br />- ft <br />TOM WESTER <br />CITY- <br />Dated 4c 7 <br />BY~ <br />Public Works ain[enance Director <br />Page 3-STORM DRAINAGE MAINTENANCE AGREEMENT - <br />99 '00416 <br />s , <br />rt <br />i <br />'1 <br />