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Federal Transit Administration Clauses <br />23 <br />assistance, and the rights to termination or suspension as provided herein. The Contractor <br />recognizes that in the event of a breach of this Agreement by the Contractor before the City takes <br />action contemplated herein, the City will provide the Contractor with sixty (60) days written notice <br />that the City considers that such a breach has occurred and will provide the Contractor a reasonable <br />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 by agreement of the <br />parties shall be decided in writing by the authorized representative of City’s Project Manager. This <br />decision shall be final and conclusive unless within ten (10) business days from the date of receipt of <br />its copy, the Contractor mails or otherwise furnishes a written appeal to the City Clerk. In <br />connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and <br />to offer 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 of Everett, 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 because of any act <br />or omission of the party or any of its employees, agents or others for whose acts it is legally liable, a <br />claim for damages, therefore shall be made in writing to such other party within a reasonable time <br />after the first observance of such injury or damage. <br />G.Remedies <br />Unless this Contract provides otherwise, all claims, counterclaims, disputes and other matters in <br />question between the City of Everett and the Contractor arising out of or relating to this agreement <br />or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent <br />jurisdiction within in Washington State in which the City of Everett is located. <br />H.Rights and Remedies <br />The duties and obligations imposed by the Contract documents and the rights and remedies <br />available 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 of Everett 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 />33.PROTEST AND APPEALS <br />Procurement Protest Procedures are available for review at: <br />https://www.codepublishing.com/WA/Everett/#!/Everett03/Everett0346.html#3.46 <br />34.FEDERAL CHANGES