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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 />