Planning Communities, LLC 1/27/2023

Federal Transit Administration Clauses 24 B. Rights and Remedies of Contractor Inasmuch as the Contractor can be adequately compensated by money damages for any breach of this Contract, which may be committed by the City of Everett, the Contractor expressly agrees that no default, act or omission of the City of Everett shall constitute a material breach of this Contract, entitling Contractor to cancel or rescind the Contract, unless the City directs Contractor to do so, or to suspend or abandon performance. C. Remedies Substantial failure of the Contractor to complete the Project in accordance with the terms of this Agreement will be a default of this Agreement. In the event of a default, the City of Everett will have all remedies in law and equity, including the right to specific performance, without further assistance, and the rights to termination or suspension as provided herein. The Contractor recognizes that in the event of a breach of this Agreement by the Contractor before the City takes action contemplated herein, the City will provide the Contractor with sixty (60) days written notice that the City considers that such a breach has occurred and will provide the Contractor a reasonable period of time to respond and to take necessary corrective action. D. Disputes Disputes arising in the performance of this Contract that are not resolved by agreement of the parties shall be decided in writing by the authorized representative of City’s Project Manager. This decision shall be final and conclusive unless within ten (10) business days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the City Clerk. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the Procurement Manager shall be binding upon the Contractor and the Contractor shall abide be the decision. E. Performance during Dispute Unless otherwise directed by the City of Everett, Contractor shall continue performance under this Contract while matters in dispute are being resolved. F. Claims for Damages Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or any of its employees, agents or others for whose acts it is legally liable, a claim for damages, therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage. G. Remedies Unless this Contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the City of Everett and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within in Washington State in which the City of Everett is located. H. Rights and Remedies The duties and obligations imposed by the Contract documents and the rights and remedies