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17. 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 />18. 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 />19. 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 />20. 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 />In the event any applicable federal, state or local law, lawful rule or regulation <br />now or hereafter in effect during the term of this Agreement imposes a higher standard <br />or duty of performance on a party than is required under the provisions of this <br />Agreement, then the law, rule or regulation shall prevail and every party shall conform <br />therewith. <br />21. Entire Agreement. This Agreement constitutes the entire agreement <br />between the parties with respect to the subject matter hereof, and all prior agreements, <br />representations or understandings, written or oral, with respect to the subject matter <br />hereof are superseded. <br />DATED: effective June 1, 2005. <br />GIUSTINA LAND & TIMBER CO. <br />LIMITED PARTNERSHIP <br />AN OREGON LIMITED PARTNERSHIP <br />BY LMG, LLC, A GENERAL PARTNER <br />By <br />L. M. Giustina, General Partner <br />CITY OF EUGENE <br />By <br />Robert J. Lankston, Director <br />Maintenance Division <br />EASEMENT AGREEMENT - 6 <br />