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4. Termination for Nonpayment. If Participating Owner shall fail to pay any amount billed by City within the time hereinabove specified, City may terminate this agreement, effective thirty (30) days from the date of notice by City of such termination, provided, that if Participating Owner shall pay all amounts due plus interest, within said 30-day period, this agreement shall be in full force and effect. Upon such termination, Participating Owner shall comply with the provisions of Section 14.122 ("Mandatory Plan") of the Ordinance. Notwithstanding the provisions of subdivision (a) of Section 14.123 of the Ordinance, Participating Owner shall submit to the Director for approval the plan required under Section 14.122 within thirty (30) days of the date of notice of termination pursuant to this paragraph. The provisions of this paragraph are cumulative, and in addition to such other grounds for termination and such other rights and remedies which City may exercise and seek for any default or breach by Participating Owner of Participating Owner's duties and obligations hereunder or under the Ordinance. 5. Third Party Beneficiary. The parties acknowledge and agree that Participating Owner is a third party beneficiary of the Retrieval Service Agreement. Therefore, subject to City's written consent (which shall not unreasonably be withheld), Participating Owner may enforce provisions of the Retrieval Service Agreement with respect to any failure of Contractor to perform services for Participating Owner thereunder and in conformance with this agreement. Notwithstanding the foregoing, prior to exercising any such right, Participating Owner shall provide City a detailed statement of Participating Owner's claim or claims against Contractor. Upon such notification, City may commence an action or take such other legal or equitable recourse as City shall determine (including, without limitation, non-judicial alternative F:Atty2001Shared/Redwood/Council/Agmt/Agmt-519 6