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12.8 ATTORNEY'S FEES <br />In case litigation is instituted, including any bankruptcy or arbitration procceding, arising directly or <br />indirectly, out of this Ageement, the losing party shall pay to the prevailing party, its reasonable attorney fees, <br />together wrth all expenses, which may reasonably be incurred in takin8 such action, including, but not limited <br />to, costs incurred in searchuig records, expert witness fees, and anticipated post judgment collection services. If <br />an appeal is taken from any ~udgment or decree of the trial court or arbitration, the losuig party sha11 pay the <br />prevailuig party in the aPpeal its reasanable attomey fees in such appeal. The attomey fees sha11 be paxd in <br />addition to all other sums and costs provided by law. <br />12.9 NO PROVISION <br />12.10 INDEPENDENT CONTRACTOR <br />'The pr~hitect is an independent contractor. The Architect is solely. responsible for payment of any and all <br />federal and staze taxes and assessments of whatever kinc~ including but not limited to social seourity, <br />unemploymern compensation, workers' compensation, and taxes, applicable to itself and its office~rs, agents <br />and employees. The Architect will obtain and maintain at a11 times durmg the term of this contract workers' <br />compensation insurance covering its employees and agents while carrying out duties under this Agreement• <br />12.11 PUBLIC CONTRACT LAWS <br />The Architect agrees to comply with the terms of ORS 279.310 through 279.316 an3 279.320, which shall <br />be deemed incorporated herein by reference. <br />12.12. FTA FiJNDING <br />This Pmject is financed, in pa.rt, through a grant from the Federal Transit Administration to the transit <br />district. The total amourrt of federal funds to be exPended for compensat~°n payable to the Architect under this <br />Agreement is estimated to be four hundred seven thousand three hundred fourteen dollazs ($407,314), which is <br />28.9% of the total compensation payable. As a consequence of the federal participation in this Project, federal <br />requirements are applicable to ttus Project. The federal requirements are attached as an Addendum to ttus <br />Agreement, and the Architect agrees that, in conn~ion wrth work on this Project contemplated by this <br />Agree~rient, the Architect will comply with the federai requirements in the Addendum. The CERTIFICATION <br />REGARDING LOBBYING must be executed before this Agreement is considered a valid and binding <br />agreement. <br />12.13. SAVINGS CLAUSE <br />12.13.1 Should any provision of this Agreemeirt, at anY time, be in conflict with any law, rule, regulation or <br />order, or be unenforceable for any reason, then snch Provision shall continue in effect only to the extent that it <br />remains valid. In the event any provision of ttus Agreement becomes less than fully operative, the remaining <br />provisions of this Agreement shall nevertheless remain m full force and effect. <br />12.14 SINGULAR/PLURAL AND PRONOUNS <br />12.14.1 Feminine or neuter pronouns shall be substituted for those of masculine form or vice versa, and the <br />plural sha11 be substituted for the single number or vice versa in any place in which the context may require <br />such substitution. <br />Courthouse Square Project <br />~ Architect Agreement Supplemental Provisions <br />Page-7 <br />