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subcontract under these provisions. Contractor or the Subcontractor, if applicable, shall forfeit all <br />rights under this contract or the subcontract, as the case may be. The City's claim for damages under <br />paragraph 15 and any other relief available to City resulting from the Contractor's breach shall survive <br />a termination of the Contract. <br />14. Liquidated Damages. In the event the Work is not completed within the time as specified, the <br />Contractor will pay to City liquidated damages as listed in the Specifications. The parties believe that <br />due to the costs of bringing an action and the difficulty of establishing the exact amount of damages <br />City will incur, it would be inconvenient and infeasible for City to bring an action for the actual <br />damages it will incur because of Contractor's failure to complete the Work within the number of Work <br />days. In order to compensate City for the damages City will suffer because of a delay, the parties <br />have estimated the amount City would be damaged for every working day completion is delayed. <br />The parties believe that the sum set as liquidated damages is reasonably related to City's anticipated <br />damages per working day after the Work days that the Work is not completed. Contractor will not <br />contest such sum as being other than a true measure of damages in the event those damages <br />become payable under these provisions. <br />15. Notices. Any written notices permitted or required by this contract shall be deemed given when <br />personally delivered, or five days after deposit in the United States mail, postage fully prepaid, <br />certified, return receipt requested, addressed to the representatives of the parties as set forth below <br />or when delivered by electronically confirmed facsimile transmission to the FAX address and attention <br />of the representatives of the parties set for below: <br />Contractor: Kelly Wilder, President <br />SiteWork Construction, Inc. <br />PO Box 70539 <br />Eugene OR 97401 -0127 <br />Phone: 541 - 744 -9204; Fax 541- 744 -0679 <br />Email: allventures @comcast.net <br />City: Wayne Masoner, Project Manager <br />City of Eugene, Public Works Maintenance <br />1820 Roosevelt Blvd. <br />Eugene OR 97402 <br />Phone: 541- 682 -4883; Fax 541 - 682 -4882 <br />Email: wayne.e.masoner @ci.eugene.or.us <br />or such other address as either party may provide to the other by notice given in accordance with <br />this provision. <br />16. Contract Documentslinterpretation. Where possible, all parts of the Contract shall be interpreted <br />in a manner that avoids conflict between the various documents and their provisions. In the event <br />that any provision of this Document conflicts with any provision of the Specifications, the provision <br />that is most detailed shall prevail. In the event that any other component part of the Contract <br />conflicts with any provision of any other component part, the precedence of documents shall be as <br />set forth in the Supplemental Standard Specifications. <br />17. Governing Law. This contract shall be governed by and interpreted in accordance with the laws of <br />the State of Oregon. The parties to this contract do not intend to confer on any third party any rights <br />under this contract. <br />18. Dispute Resolution. <br />18.1. Arbitration. Litigation of a claim that cannot be resolved by negotiation or voluntary mediation <br />shall be initiated by filing a complaint in the Lane County Circuit Court that contains a stipulation <br />to arbitration under ORS 36.410. The claim and all cross and counter - claims filed in response <br />to the complaint shall be submitted to the Court Arbitration Program set forth in ORS 36.400 to <br />Public Improvement Contract for Use Wth Oregon Standard Specifications — Page 4 <br />(Revised February 2004) <br />