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Federal Transit Administration Clauses <br />23 <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 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 of <br />this Contract, which may be committed by the City of Everett, the Contractor expressly agrees that <br />no default, act or omission of the City of Everett shall constitute a material breach of this Contract, <br />entitling Contractor to cancel or rescind the Contract, unless the City directs Contractor to do so, or <br />to suspend or abandon performance. <br />C.Remedies <br />Substantial failure of the Contractor to complete the Project in accordance with the terms of this <br />Agreement will be a default of this Agreement. In the event of a default, the City of Everett will have <br />all remedies in law and equity, including the right to specific performance, without further <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