New Search
Agreement is given. Each party has signed this Agreement after obtaining <br /> advice of counsel. Neither party has relied upon any representation of the <br /> other in executing this Agreement. This Agreement supersedes all prior <br /> agreements of the parties except for the Agreement dated September 21 and 26, <br /> 1983, or an updated version of that Agreement, and is the full agreement of <br /> the parties. <br /> 9. Remedies Upon Default. In the event of a failure to perform any of <br /> the obligations set forth above, the complaining party shall give specific <br /> notice in writing of the default to the defaulting party. Such notice shall <br /> require that the default be cured within thirty (30) days of receipt of the <br /> notice of default. In the event that such default is not cured within thirty <br /> (30) days, the complaining party may seek arbitration. Arbitration shall be <br /> the exclusive remedy for default. Any such arbitration shall be in <br /> conformance with the rules and procedures of ORS Chapter 33 or the future <br /> corresponding provisions of any such law. The party demanding arbitration <br /> shall notify the opposing party of the name of an arbitrator selected by it. <br /> Within ten days, the opposing party shall name an arbitrator and the two <br /> arbitrators so named shall within ten days select a third arbitrator. If the <br /> two arbitrators selected cannot agree upon a third, the third arbitrator shall <br /> be appointed by the presiding judge of the Lane County Circuit Court and the <br /> three so selected shall arbitrate and decide the issue. The nonprevailing <br /> party shall pay the costs of the arbitration. Such costs shall include <br /> attorney fees. The arbitrators are authorized to determine who is the <br /> prevailing party. <br /> 10. Successor -In- Interest to District. Upon dissolution of the District <br /> and the District Board upon annexation, the Transition Committee shall succeed <br /> to all of the rights of the District under this Agreement. <br /> INTERGOVERNMENTAL AGREEMENT - -7 <br />