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<br />C. If the parties agree to submit the dispute to mediation, they also agree to participate in
<br />good faith in the mediation process for a period of at least thirty (30) days. If the parties are not
<br />successful in resolving the dispute through mediation, the parties may:
<br />i) agree to submit the matter to binding arbitration or a private adjudicator; or
<br />ii) initiate litigation upon ten (10) days advance written notice to the other party.
<br />D. If after following the process set forth in Sub-paragraphs A.-C. above, any party
<br />should bring an action against the others to enforce the terms of this Agreement, the substantially
<br />prevailing party shall be entitled to receive such a sum as and for reasonable attorney's fees as
<br />shall be deternuned by a Court of competent jurisdiction in said proceeding.
<br />3. Release. Owner hereby releases, forever di~~charges and covPnanrs not t~ ~.:e Chevroa
<br />and their predecessors, devisees, assigns, agents, representatives, partners, directors, officers,
<br />shareholders, trustees, beneficiaries, employees, attorneys, parent company or companies, insurers,
<br />lenders, affilitates, subsidiaries, and successors in interest with regard to any and all existing or potential
<br />demands, causes of action, equitable or legal cla.ims, obligations, damages, losses, penalties and
<br />liabilities arising from or related to the removal of said tank (whether asserted or unasserted, known or
<br />unlrnown). Nothing in this release is intended to alter, change or modify the respective rights, duties
<br />and obligations of the parties as they are set forth in the Purchase and Sale Agreement and Amendment
<br />No. 1 to Purchase and Sale Agreement.
<br />4. Attornev's Fees. In any legal action to enforce any provisions of this Agreement, the
<br />prevailing party shall be entitled to receive all costs and expenses, including reasonable attorney's fees
<br />incurred, as deternuned by the Court.
<br />5. Applicable Law. This Agreement shall be interpreted, and any dispute arising
<br />hereunder shall be resolved, in accordance with the substantive laws of the State of Oregon,
<br />without reference to choice of law rules.
<br />6. Counterparts. This Agreement may be executed in counterparts, each of which
<br />shall be deemed to be an original, and all of which shal( constitute one and the same instrument. It
<br />sha?1 b~ r:~~~ss~y to acc:~unt fc;r only one nilly executeci counterpart in proving this Agreement.
<br />7. Inte~ration. This document represents the entire agreement between the parties.
<br />No modification of the covenants and agreements herein shall be effective unless in writing and
<br />duly executed by the authorized representatives of the respective parties.
<br />8. Amendments. This Agreement may be amended at any time and from time to
<br />time, but any amendment must be in writing and signed by all parties to this Agreement.
<br />9. Cooperation. The parties agree to perform any and all acts and to execute and
<br />deliver any and all documents necessary or convenient to carry out the terms of this Agreement.
<br />10. Severabilitv. If any part, clause or condition of this Agreement is held by a court
<br />of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions
<br />shall remain in full force and effect and shall in no way be affected, impaired or invalidated,
<br />Diamond~9-1008.doc Page 2
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