Financial- Invoice Reports (1 - 4 Files)

Home Browse Search

C. If the parties agree to submit the dispute to mediation, they also agree to participate in good faith in the mediation process for a period of at least thirty (30) days. If the parties are not successful in resolving the dispute through mediation, the parties may: i) agree to submit the matter to binding arbitration or a private adjudicator; or ii) initiate litigation upon ten (10) days advance written notice to the other party. D. If after following the process set forth in Sub-paragraphs A.-C. above, any party should bring an action against the others to enforce the terms of this Agreement, the substantially prevailing party shall be entitled to receive such a sum as and for reasonable attorney's fees as shall be determined by a Court of competent jurisdiction in said proceeding. 3. Release. Owner hereby releases, forever discharges and covPna.nts not t~ sue Chevro~ and their predecessors, devisees, assigns, agents, representatives, partners, directors, officers, shareholders, trustees, beneficiaries, employees, attorneys, parent company or companies, insurers, lenders, affilitates, subsidiaries, and successors in interest with regard to any and all existing or potential demands, causes of action, equitable or legal claims, obligations, damages, losses, penalties and liabilities arising from or related to the removal of said tank (whether asserted or unasserted, known or unknown). Nothing in this release is intended to alter, change or modify the respective rights, duties and obligations of the parties as they aze set forth in the Purchase and Sale Agreement and Amendment No. 1 to Purchase and Sale Agreement. 4. Attornev's Fees. In any legal action to enforce any provisions of this Agreement, the prevailing party shall be entitled to receive all costs and expenses, including reasonable attorney's fees incurred, as determined by the Court. 5. Anplicable Law. This Agreement shall be interpreted, and any dispute arising hereunder shall be resolved, in accordance with the substantive laws of the State of Oregon, without reference to choice of law rules. 6. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and a11 of which sha11 constitute one and the same instrument. It shall be ne~essary to account for only one iully executed counterpart in proving this Agreement. 7. Integration. This document represents the entire agreement between the parties. No modification of the covenants and agreements herein shall be effective unless in writing and duly executed by the authorized representatives of the respective parties. ~ 8. Amendments. This Agreement may be amended at any time and from time to time, but any amendment must be in writing and signed by all parties to this Agreement. 9. Cooperation. The parties agree to perform any and all acts and to execute and deliver any and a11 documents necessary or convenient to carry out the terms of this Agreement. 10. Severabilitv. If any part, clause or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect and sha11 in no way be affected, impaired or invalidated, Diamond~9-1008.doc Page z