Item 2E - Metro Plan Amendment - Laserfiche WebLink

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Execution Draft 14.2 ARBITRATION. Litigation of a claim that cannot be resolved by negotiation or voluntary mediation shall be initiated by filing a complaint in the Lane County Circuit Court that contains a stipulation to arbitration under ORS 36.410. The claim and all cross- and counter-claims filed in response to the complaint shall be submitted to the Court Arbitration Program set forth in ORS 36.400 to 36.425, Chapter 13 of the Oregon Uniform Trial Court Rules and the Lane County Circuit Court supplemental local rules concerning arbitration. Either party may seek, and shall be entitled to, an order directing the other party to submit to arbitration as provided herein and to judgment for its costs, expenses and attorney fees in obtaining and enforcing the order. In any litigation, the entire text of any order or permit issued by a governmental or regulatory authority, as well as any documents referred to or incorporated therein by reference, shall be admissible for the purpose of contract interpretation. 14.3 CONSTRUCTION OF CONTRACT. This Agreement shall not be construed against either party, regardless of which party drafted it. Other than as modified by the Agreement, the applicable rules of contract construction and evidence shall apply. This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon without regard to principles of conflict of laws. 14.4 FORUM. Any litigation between the Foundation and the City that arises from or relates to this Agreement shall be brought and conducted solely and exclusively within the Lane County Circuit Court; provided, however, ifa dispute must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon, Eugene Division. In no event shall this subsection be construed as a waiver by the City of Eugene of any form of defense or immunity, whether sovereign immunity, governmental immunity or otherwise, from any claim or from the jurisdiction of any court. 14.5 ATTORNEYS' FEES. If any suit, action, arbitration or other proceeding is instituted under this Agreement or to enforce creditor's rights or otherwise pursue, defend or litigate issues related to or peculiar to federal bankruptcy law (including, but not limited to, efforts to obtain relief from an automatic stay), or any other controversy arises from this Agreement, the prevailing party shall be entitled to recover from the other party and the other party agrees to pay to the prevailing party, in addition to costs and disbursements allowed by law, such sum as the court, arbitrator or other adjudicator may adjudge reasonable as attorney fees in such suit, action, arbitration or other proceeding and in any appeal thereof or therefrom. Such sum shall include an amount estimated by the court, arbitrator or adjudicator as the reasonable costs and fees to be incurred in collecting any monetary judgment or award or otherwise enforcing each award, order, judgment or decree entered in such suit, action or other proceeding. The award of costs and expenses after trial de novo following arbitration under ORS 36.400 et seq. shall be made as provided in ORS 36.425. The award of costs and expenses after PAGE 6 - PURCHASE AND SALE AGREEMENT - 100 ACRES 1N LAUREL HILL VALLEY