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<br />contractors; <br />2) The right to cancel this Contract as to any or all of the work yet to be <br />performed; <br />3) The right to specific performance, an injunction or any other appropriate <br />equitable remedy; <br />4) The right to money damages; and <br />5) Any other remedy in law or equity. <br />B. Rights and Remedies of Contractor <br />Inasmuch as the Contractor can be adequately compensated by money damages for any <br />breach of this Contract, which may be committed by the City, the Contractor expressly <br />agrees that no default, act or omission of the City shall constitute a material breach of <br />this Contract, entitling Contractor to cancel or rescind the Contract, unless the City <br />directs Contractor to do so, or to suspend or abandon performance. <br />C. Remedies <br />Unless this Contract provides otherwise, all claims, counterclaims, disputes and other <br />matters in question between the City the Contractor arising out of or relating to this <br />Contract or its breach will be decided by arbitration if the parties mutually agree, or in a <br />court of competent jurisdiction within Washington State in which the City of Everett is <br />located. <br />D. Disputes <br />Disputes arising in the performance of this Contract that are not resolved by agreement <br />of the parties shall be decided in writing by the authorized representative of the City’s <br />Project Manager. This decision shall be final and conclusive unless within ten (10) <br />business days from the date of receipt of its copy, the Contractor mails or otherwise <br />furnishes a written appeal delivered to the City Clerk’s Office. In connection with any <br />such appeal, the Contractor shall be afforded an opportunity to be heard and to offer <br />evidence in support of its position. The decision of the Procurement Manager shall be <br />binding upon the Contractor and the Contractor shall abide be the decision. <br />E. Performance during Dispute <br />Unless otherwise directed by the City, Contractor shall continue performance under this <br />Contract 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 <br />because of any act or omission of the party or any of its employees, agents or others for <br />whose acts it is legally liable, a claim for damages, therefore shall be made in writing to <br />such other party within a reasonable time after the first observance of such injury or <br />damage.