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36.425, Chapter 13 of the Oregon Uniform Trial Court rules and the Lane County Circuit Court
<br />supplemental local rules concerning arbitration. Either party may seek, and shall be entitled to,
<br />an order directing the other party to submit to arbitration as provided herein and to judgment for
<br />its costs, expenses and attorney fees in obtaining and enforcing the order, provided that, neither
<br />party shall be required to arbitrate a dispute if all necessary parties cannot be joined in the
<br />arbitration.
<br />In any litigation, the entire text of any order or permit issued by a governmental or regulatory
<br />authority, as well as any documents referenced or incorporated therein by reference, shall be
<br />admissible for the purpose of contract interpretation.
<br />18.2. Construction of Contract. This Agreement shall not be construed against either party
<br />regardless of which party drafted it. Other than as modified by the Agreement, the applicable
<br />rules of contract construction and evidence shall apply. This Agreement shall be governed by
<br />and construed in accordance with the laws of the State of Oregon without regard to principles of
<br />conflict of laws.
<br />18.3. Forum. Any litigation between the City and the Contractor that arises from or relates to this
<br />Agreement shall be brought and conducted solely and exclusively within the Lane County
<br />Circuit Court; provided, however, if a dispute must be brought in a federal forum, then it shall be
<br />brought and conducted solely and exclusively within the United States District Court for the
<br />District of Oregon, Eugene Division. In no event shall this Subsection be construed as a waiver
<br />by the City of Eugene of any form of defense or immunity, whether sovereign immunity,
<br />governmental immunity or otherwise, from any claim or from the jurisdiction of any court.
<br />BUYER, BY EXECUTION OF THE CONTRACT HEREBY CONSENTS TO THE IN
<br />PERSONAM JURISDICTION OF THE COURTS REFERENCED IN THIS SECTION.
<br />18.4. Attorneys' Fees. If any suit, action, arbitration or other proceeding is instituted upon this
<br />Agreement or to enforce creditor's rights or otherwise pursue, defend or litigate issues to or
<br />peculiar to federal bankruptcy law (including, but not limited to, efforts to obtain relief from any
<br />automatic stay), or any other controversy arises from this Agreement, the prevailing party shall
<br />be entitled to recover from the other party and the other party agrees to pay the prevailing party,
<br />in addition to costs and disbursements allowed by law, such sum as the court, arbitrator or other
<br />adjudicator may adjudge reasonable as an attorneys' fee in such suit, action, arbitration or other
<br />proceeding, and in any appeal thereof or there from. Such sum shall include an amount
<br />estimated by the court, arbitrator or adjudicator, as the reasonable costs and fees to be incurred
<br />in collecting any monetary judgment or award or otherwise enforcing each award, order,
<br />judgment or decree entered in such suit, action or other proceeding. The award of costs and
<br />expenses after trial de novo following arbitration under ORS 36.400 et seq. shall be made as
<br />provided for in ORS 36.425. The award of costs and expenses after appeal from a judgment
<br />entered after trial de novo shall be to the prevailing party designated as such by the appeals
<br />court.
<br />19. No Third Party Beneficiaries. The parties to this contract do not intend to confer on any third party
<br />any rights under this contract. All Subcontractors are third parties.
<br />20. Survival. Any obligation arising under the Contract which is not, or cannot be performed or paid prior
<br />to the expiration or termination of the Contract, including, but not limited to, all provisions concerning
<br />the quality of the Work, warranties and obligations for payment, indemnification, and reimbursement,
<br />shall survive termination or expiration of the Contract.
<br />21. Integration; Amendment. The Contract includes the entire Agreement between the parties as of its
<br />date of execution and shall not be modified or amended, except as expressly provided in the
<br />Contract.
<br />22. Compliance with Environmental Laws. Contractor shall comply with and require its subcontractors
<br />to comply with all applicable Federal, State and local statutes, ordinances, orders, rules and
<br />Public Improvement Contract for Use with Oregon Standard Specifications — Page 5
<br />(Revised February 2004)
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