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111 SW Columbia FA~ \'o.: 503-295-1058 <br />Portland, OR 97201 <br />FAX No.: 503-223-4606 <br />Either party may, by notice aiven as above described, designate a different address or addresses <br />for notices to be given to it. <br />13.2 Entire A~reement <br />This Agreement contains the entire understanding of the parties and upon <br />execution and delivery by both parties shall supersede any previous agreement behveen <br />`~ `l ef and Owner as to the subject matter of this Agreement. This Agreement shall be <br />binding upon the parties hereto, their personal representatives, heirs, successors and assigns, and <br />may not be changed orally but only by written instrument signed by duly authorized <br />representatives or officers of the parties hereto. <br />13.3 Applicable La~v <br />This Agreement and the rights and obligations of the parties hereunder shall be <br />governed by, and construed in accordance ~vith, the la~vs of the State of Oregon. <br />~ 13.4 Arbitration <br />13.4. If an dispute or difference which concerns a claim of $30,000 or <br />less shall arise between the Q~ ~(and Owner with respect to any matter or thing arising out <br />of, or in any way relating to this Agreement, each party, at such party's option, shall have the <br />right to that such claim, controversy or dispute between the parties arising out of or relating to <br />the Agreement be detennined by arbitration in accordance ~L~ith the then effective arbitration <br />rules of Arbitration Services of Portland, Inc., and any judgcnent upon the award rendered <br />pursuant to such arbitration may be entered in any court having jurisdiction thereof. If litigation <br />has been commenced in court for the purpose of protecting any right of that party, the arbitration <br />provision is not waived except ~i~hen: <br />(a) the party who is the defendant or respondent in such <br />litigation shall be deemed to have waived its option to arbitrate said dispute if such pam~ <br />files a general appearance in the litigation prior to filing a claim in arbitration in the <br />matter specified above; and <br />(b) the plaintiff or petitioner in such litigation ~vill be deemed <br />to have waived its right to arbitrate said dispute if such party fails to file a claim for <br />arbitration in the ma~lner specified above witliin sixtv (60) days after a general <br />appearance in the litigatioil has been filed by the pam~ who is the defendant or respondent <br />in the litigation. <br />~ 13.4.2 If a party properly exercises its option to arbitratioil, arbitratiorl uf <br />such dispute shall be mandator~~ and aiiy pending litiaation shall be staved. <br />~ S . ~7~~~ RED <br />