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DocuSign Envelope ID: B5D09699-93D5-443A-8F32-39E899011FB3 <br />will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction <br />within Washington State in which the City of Everett is located. <br />D. Disputes <br />Disputes arising in the performance of this Contract that are not resolved by agreement of the <br />parties shall be decided in writing by the authorized representative of the 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 delivered to the <br />City Clerk's Office. In connection with any such appeal, the Contractor shall be afforded an <br />opportunity to be heard and to offer evidence in support of its position. The decision of the <br />Procurement Manager shall be binding upon the Contractor and the Contractor shall abide be the <br />decision. <br />E. Performance during Dispute <br />Unless otherwise directed by the City, Contractor shall continue performance under this Contract <br />while matters in dispute are being resolved. <br />F. Claims for Damages <br />Should either party to the Contract suffer injury or damage to person or property because of any <br />act or omission of the party or any of its employees, agents or others for whose acts it is legally <br />liable, a claim for damages, therefore shall be made in writing to such other party within a <br />reasonable time after the first observance of such injury or damage. <br />G. Rights and Remedies <br />The duties and obligations imposed by the Contract and the rights and remedies available <br />thereunder shall be in addition to and not a limitation of any duties, obligations, rights and <br />remedies otherwise imposed or available by law. No action or failure to act by the City or <br />Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, <br />nor shall any such action or failure to act constitute an approval of or acquiescence in any breach <br />thereunder, except as may be specifically agreed in writing. <br />H. Remedial Actions <br />In the event of Contractor's noncompliance with section 603 of the Act, other applicable laws, <br />Treasury's implementing regulations, guidance, or any reporting or other program requirements, <br />Treasury may impose additional conditions on the receipt of a subsequent tranche of future <br />award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case <br />of a violation of section 603(c) of the Act regarding the use of funds, previous payments shall be <br />subject to recoupment as provided in section 603(e) of the Act. <br />8. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR <br />RELATED ACTS <br />The Contractor understands that making false statements or claims in connection with this Contract is a <br />violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, <br />imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, <br />and/or any other remedy available by law. <br />Page 8 of 24 <br />