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Section 15. Insurance <br />City and District, at their sole expense shall maintain all risk property and public liability <br />insurance policies on the prospective properties included in this agreement. The initial limits of liability <br />required will be $2,000,000 for each occurrence and $2,000,000 in the aggregate for the liability <br />coverages and all property upon completion of construction shall be written on replacement cost basis. <br />City and District both agree that either party is authorized to carry deductibles or self-insurance on any <br />or all lines of coverage up to $750,000 for each occurrence. <br />Section 16. Dispute Resolution <br />City and District shall attempt to resolve all disputes through staff discussions at the lowest <br />possible level. Both parties to this Agreement agree to provide other resources and personnel to <br />negotiate and find resolution to disputes that cannot be resolved at the staff level. As a next step, <br />claims, disputes or other matters in question between the parties to this Agreement arising out of or <br />relating to this Agreement, or breach thereof shall be determined by mediation, arbitration, or litigation. <br />Disputes shall be initially submitted to mediation by a mediator chosen by the parties. The cost of <br />mediation shall be borne equally by the parties. If the parties are unable to agree upon a mediator <br />within five (5) days or if mediation fails to resolve the dispute and if either party wants to further pursue <br />the dispute, either party may initiate litigation by filing a complaint in the Lane County Circuit Court that <br />contains a stipulation to arbitration under ORS 36.410. The claim and all cross and counter-claims filed <br />in response to the complaint shall be submitted to the Court Arbitration Program set forth in ORS <br />36.400 to 36.425, Chapter 13 of the Oregon Uniform Trial Court Rules and the Lane County Circuit Court <br />supplemental local rules concerning arbitration. If one party refuses, or fails in a timely manner, to <br />agree to arbitration, the other party may seek, and shall be entitled to, an order directing the other <br />party to submit to arbitration as provided herein. <br />Section 17. Entire Agreement <br />This Agreement includes the Use Matrixes, attached hereto as Appendix A, Youth Sports Parks <br />Maintenance Standards, Tasks & Responsibilities, attached hereto as Appendix B, and all appendices <br />being incorporated into this Agreement by this reference, including the City of Eugene Park and Open <br />Space Rules. With the inclusion of those appendices, this Agreement contains the entire agreement <br />between the parties and, except as otherwise provided, can be changed, modified, amended, or <br />terminated only by an instrument in writing executed by the parties. It is mutually acknowledged and <br />agreed by City and District that there are no verbal agreements, representations, warranties, or other <br />understandings affecting this Agreement. <br />Section 18. Applicable Law <br />This agreement shall be governed by, and construed in accordance with, the laws of the State of <br />Oregon. <br />Amended and Restated Intergovernmental Agreement 2008-01033: Joint Use and Development of Youth Sports Parks and Athletic Fields <br />Page 10 of 11 July 1, 2008 <br />