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Federal Transit Administration Clauses <br />terms, and provide for such sanctions and penalties as appropriate. The Violations and Breach of <br />Contracts clause flow down to all third -party contractors and theircontracts at every tier. <br />a. Rights and Remedies of the City of Everett <br />The City of Everett shall have the following rights in the event that the City of Everett deems the <br />Contractor guilty of a breach of any term under the Contract. <br />1. The right to take over and complete the work or any part thereof as agency for and at <br />the expense of the Contractor, either directly or through other contractors; <br />2. The right to cancel this Contract as to any or all of the work yet to be performed; <br />3. The right to specific performance, an injunction or any other appropriate equitable <br />remedy; and <br />4. The right to money damages. <br />b. Rights and Remedies of Contractor <br />Inasmuch as the Contractor can be adequately compensated by money damages for any breach <br />of this Contract, which may be committed by the City of Everett, the Contractor expressly agrees <br />that no default, act or omission of the City of Everett shall constitute a material breach of this <br />Contract, entitling Contractor to cancel or rescind the Contract, unless the City directs <br />Contractor to do so, or to suspend or abandon performance. <br />c. Remedies <br />Substantial failure of the Contractor to complete the Project in accordance with the terms of <br />this Agreement will be a default of this Agreement. In the event of a default, the City of Everett <br />will have all remedies in law and equity, including the right to specific performance, without <br />further assistance, and the rights to termination or suspension as provided herein. The <br />Contractor recognizes that in the event of a breach of this Agreement by the Contractor before <br />the City takes action contemplated herein, the City will provide the Contractor with sixty (60) <br />days written notice that the City considers that such a breach has occurred and will provide the <br />Contractor a reasonable period of time to respond and to take necessary corrective action. <br />d. Disputes <br />Disputes arising in the performance of this Contract that are not resolved byagreement of the <br />parties shall be decided in writing by the authorized representative of City's Project Manager. <br />This decision shall be final and conclusive unless within ten (10) business days from the date of <br />receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the City <br />Clerk. In connection with any such appeal, the Contractor shall be afforded an opportunity to be <br />heard and to offer evidence in support of its position. The decision of the Procurement Manager <br />shall be binding upon the Contractor and the Contractor shall abide be the decision. <br />e. Performance during Dispute <br />Unless otherwise directed by the City of Everett, Contractor shall continue performance under <br />this Contract while matters in dispute are being resolved. <br />24 <br />