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(30) day period and thereafter proceeds with reasonable diligence and in <br />good faith to effect the remedy as soon as practicable. <br />12. Remedies. If Eugene is in default, Giustina may terminate this Agreement <br />by notice and may recover damages, whether or not this Agreement is terminated. <br />Such remedies shall be in addition to any other remedies afforded under applicable law. <br />13. Attorney Fees. If any suit, action or other proceeding shall be instituted <br />relating to any term, provision, covenant or condition of this Agreement or relating to <br />any of the rights, duties or obligations arising under it, the prevailing party shall be <br />entitled to recover from the other party and other party agrees to pay to the prevailing <br />party, whether or not the matter proceeds to final judgment or decree, in addition to <br />costs and disbursements allowed by law, such sum as the trial and each appellate court <br />may adjudge reasonable as attorney's fees in such suit, action or other proceeding and <br />in any appeal thereof. <br />14. Notice. Any notice permitted or required under the provisions of this <br />Agreement that is to be given shall be in writing and shall be deemed to have been duly <br />made or given when personally delivered, or when transmitted by facsimile, or two (2) <br />days after depositing in the United States mail with postage prepaid a certified or <br />registered letter containing such notice addressed as follows: Giustina Land & Timber <br />Co. Limited Partnership, if by mail, P. O. Box 989, Eugene, Oregon 97440; if personally <br />delivered, to 1991 West Second Avenue, Eugene, Oregon 97402; if transmitted by <br />facsimile, (503) 345-2305. City of Eugene, if by mail, 777 Pearl St., Rm. 107, Eugene, <br />Oregon 97401; if transmitted by facsimile (541) 682-6804. <br />15. Waiver. No waiver by a party hereto of any violation, default or breach of <br />this Agreement or any provision thereof shall operate as a waiver of any subsequent <br />violation, default or breach or the right to require specific performance or obtain <br />injunctive relief. <br />16. Severability. If any provision of this Agreement shall be held <br />unenforceable or invalid, such unenforceability or invalidity shall not affect the <br />enforceability or validity of any other provision of this Agreement. <br />17. Choice of Law. The validity, meaning, enforceability and effect of this <br />entire Agreement and the rights and liabilities of the parties hereto shall be determined <br />in accordance with the laws of the State of Oregon without regard to Oregon law with <br />respect to conflict of laws. <br />18. Higher Standards. In the event any provision of this Agreement imposes <br />a higher standard or duty of performance on a party than is required by any applicable <br />federal, state or local law, lawful rule or regulation now or hereafter in effect during the <br />term of this Agreement, the provisions of this Agreement shall prevail and every party <br />shall conform therewith. <br />EASEMENT AGREEMENT - 5 <br />Revised 8/19/2005 <br />