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~ ~ <br />AND <br />Attn: Manager of Planning and Mazketing . cc: Ben C. Fetherston, Jr. <br />Salem Area Transit District Attomey at Law <br />3140 Del Webb Avenue NE 880 Liberty Street NE <br />Salem, OR 97303 Salem, OR 97308 <br />FAX No.: 503-588-0209 FAX No.: 503-585-3978 <br />If to Manager: <br />Melvin Mark Development Company cc: Ball Janik LLP <br />Attn: Daniel J. Petxusich Attn: Bari:ara W. Radler <br />Suite 1380 101 SW Main, Suite 1100 <br />111 SW Columbia Portland, OR 97204 <br />Portland, OR 97201 FAX No.: 503-295-1058 <br />FAX No.: 503-223-4606 <br />Either party may, by notice given as above described, designate a different address or addresses <br />for notices to be given to it ~ <br />13.2 Entire Agreement <br />This Agreement contains the entire understanding of the parties and upon <br />execution and delivery by both parties shall supersede any previous agreement between Manager <br />and Owner as to the subject matter of this Agreement. This Agreement shall be binding upon the <br />parties hereto, their personal representatives, heus, successors and assigns, and may not be <br />changed orally but only by written inst~ument signed by duly authorized representatives or <br />officers of the parties hereto. <br />13.3 Applicable Law <br />This Agreement and the rights and obligations of the parties hereunder shall be <br />govemed by, and construed in accordance with, the laws of the Sta.te of Oregon. <br />13.4 Arbitration <br />13.4.1 If any dispute or difference which concerns a claim of $30,000 or <br />less shall arise between the Manager 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 determined by arbitration ~in accordance with the then effective arbitration <br />rules of Arbitration Services of Portland, Inc., and any judgment 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 puipose of protecting any right of that party, the arbitration <br />provision is not waived except when: <br />14 o~as~9o.o~ <br />