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~ . r. <br />~, <br />; ~'3 . ~~: ~ <br />' 3. The Parties agree that the Project Management Agreement, when signed, 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 reduct~on of the amounts payable as compensation to thc Project Manager <br />under the Project Management Agreement. The offset and reduction 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 />Distnct and the pnvate owner in the same manner and in the same percentage as they each agree to <br />share in the construction costs for the improvements. <br />~ 6. In the event the Parties do not reach an agreement un 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 parties prior to becoming due and payable. <br />7. In the event this Agreement is placed in the hands of an attomey 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 act~on is filed to enforce this Agreement or to <br />construe or interpret this Agreement, the prevailing party shall be entitled to recover the reasonable <br />costs and expenses of the suit or action, at trial or upon appeal, including reasonable attorneys' <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 protection, to <br />determine dischargeability of any debts, or to otherwise assert the interest of the creditor in a <br />bankruptcy proceeding, the debtor shall pay the reasonable costs and expenses incurred by the <br />creditor including reasonable attorneys' fees. <br />MARION COUNTY <br />By ~ ~: ~- <br />COURTHOUSE SQUARE, INC. <br />SALEM AREA MASS TRANSIT DISTRICT <br />By: ,~ ~, `~~~r <br />By: 1 a.~. `~ c,.~.~ '~ ~___~L~ ti? <br />~ <br />