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<br /> and remedies which City may exercise and seek for any default or breach by <br /> Participating Owner of Participating Owner's duties and obligations hereunder or under <br /> the Ordinance. <br /> 5. Third Party Beneficiary. The parties acknowledge and agree that <br /> Participating Owner is a third party beneficiary of the Retrieval Service Agreement. <br /> Therefore, subject to City's written consent (which shall not unreasonably be withheld), <br /> Participating Owner may enforce provisions of the Retrieval Service Agreement with <br /> respect to any failure of Contractor to perform services for Participating Owner <br /> thereunder and in conformance with this agreement. Notwithstanding the foregoing, <br /> prior to exercising any such right, Participating Owner shall provide City a detailed <br /> statement of Participating Owner's claim or claims against Contractor. Upon such <br /> notification, City may commence an action or take such other legal or equitable <br /> recourse as City shall determine (including, without limitation, non-judicial alternative <br /> dispute resolution procedures and remedies) or, at City's discretion, City may assign to <br /> Participating Owner any cause of action or other rights with respect to Participating <br /> Owner's alleged claims. <br /> 6. Disclaimer. Participating Owner acknowledges and agrees that Contractor is <br /> an independent contractor and not an officer, employee, or agent of City. City shall <br /> endeavor to cause Contractor to perform services under the Retrieval Service <br /> Agreement in a timely, efficient, and economical manner. However, City is not a <br /> guarantor or surety of or for Contractor. City expressly disclaims any warranty or <br /> guarantee or other assurance of the quality or quantity of the services performed or to <br /> be performed under the Retrieval Service Contract. <br /> F:AttyCD/AgmtlAgmt-519 6 <br /> - <br />