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amounts within thirty (30) days of the date of City's invoice; provided, that for any such <br />amounts claimed by City's Contractor which City disputes and for which City has <br />notified City's Contractor that City would withhold payment, City shall likewise notify <br />Participating Owner of said dispute, and Participating Owner shall not be obligated to <br />pay such amount until the dispute is resolved. <br /> <br /> 4. Termination for Nonpayment. If Participating Owner shall fail to pay any <br />amount billed by City within the time hereinabove specified, City may terminate this' <br />agreement, effective thirty (30) days from the date of notice by City of such teh~ination, <br />provided, that if Participating Owner shall pay all amounts due plus interest, within said <br />30-day period, this agreement shall be in full force and effect. Upon such termination, <br />Participating Owner shall comply with the provisions of Section 14.122 ("Mandatory <br />Plan") of the Ordinance. Notwithstanding the provisions of subdivision (a) of Section <br />14.123 of the Ordinance, Participating Owner shall submit to the Director for approval <br />the plan required under Section 14.122 within thirty (30) days of the date of notice of <br />termination pursuant to this paragraph.. The provisions of this paragraph are <br />cumulative,, and in addition to such other grounds for termination and such other rights <br />and remedies which City may exercise and seek for any default or breach by <br />Participating Owner of Participating Owners duties and obligations hereunder or under <br />the Ordinance. <br /> <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, subjec~ to City's written consent (which shall not unreasonably be withheld), <br /> Participating Owner may enforce provisions of the Retrieval Service Agreement with <br /> 6 <br /> <br /> Agmt-322 <br /> pES:rs <br /> F/shamd/sh smd/R, edwood/Coun cji <br /> 0~J0?/00; 03/06/00;03/17/00R;03/2 [/00 R. <br /> <br /> <br />