Dispute Resolution and Remedies. Should a disagreement arise between the City and Xxxx regarding interpretation and application of this Agreement, the Parties agree to attempt to resolve the disagreement by first meeting and conferring. If this does not result in resolution the Parties agree to employ a mutually agreeable mediator to resolve the disagreement. Both sides shall bear their own costs incurred in mediation and shall share the cost of the mediator. If mediation proves unsuccessful, the disagreement may be resolved by arbitration or judicial action filed in Circuit Court for Washington County, Oregon or federal District Court for the District of Oregon. This Agreement shall be construed in accordance with, and governed by, the laws of the State of Oregon. In the event a dispute arises under this Agreement and either Party files legal action to interpret or enforce its terms, the prevailing Party in any arbitration, legal action in state or federal court, and any appeals therefrom shall be entitled to recover its reasonable costs thus incurred, including expert witness and attorney fees, from the losing Party.
Appears in 4 contracts
Samples: Development Agreement, Development Agreement, Development Agreement
