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~ 3. The Parties agree [hat the Project Management A~reement, when sianed, shall be effective <br />as of January 1, 1997 and shall include services performed by Project Manager on and after that <br />date. <br />4. The advances paid by the County and Transit District under this agreement shall be applied <br />as an offset against and reduction of the amounts payable as compensation to the Project Manager <br />under the Project Management Agreemen~ The offset and reduct~on shall be applied against the <br />first installments or progress payments otherwise payable to Project Manager under the Project <br />Management Agreement. <br />5. The advances paid under this agreement, and the amounts paid to Project Manager under <br />the Project Management Agreement, shall be allocated to and borne by the County, the Transit <br />District and the private owner in the same manner and in the same percentaae as they each agree to <br />share in the construction costs for the unprovements. <br />6. In the event the Parties do not reach an agreement on the terms and conditions for the <br />Project Management Agreement, any Party may terminate this agreement following 30 days written <br />notice to the others. It is understood that any further compensation to be paid to Project Manager <br />must be agreed upon in writing by the pardes prior to becoming due and payable. <br />7. In the event this Agreement is placed in the hands of an attorney for enforcement, the party <br />in default agrees to pay the reasonable costs and expenses of enforcing ttus Agreement, including <br />reasonable attomeys' fees. In the event a suit or action is filed to enforce this Agreement or to <br />construe or interpret this Agreement, the prevailing parry shall be entided to recover the reasonable <br />costs and expenses of the suit or action, at trial or upon appeal, including reasonable attomeys' <br />fees. In the event suit or action is instituted in a Bankruptcy Court to enforce or interpret any of the <br />terms of this Agreement, to seek relief from an automatic stay, to obtain adequate protect~on, to <br />determ.ine dischargeability of any debts, or to otherwise assert the interest of the creditor in a <br />bankruptcy proceedina, the debtor shall pay the reasonable costs and expenses incurred by the <br />creditor including reasonable attorneys' fees. <br />MARION COUNTY <br />gy:~j (-i (~' ~- <br />SALEM AREA MASS TR.ANSTT DISTRICT <br />By: ~~~ 1~~~ <br />COURTHOUSE SQUARE, INC. <br />By: ~ ~..~ e,,.,,_ ~ ~~5? <br />~~ <br />