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0E/29/2000 21:56 1-650-364-6800--2207 HERVYN$ RNC PAGE 06 <br /> <br /> 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. Terminatloll for Nonl~.aymer~ 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 thi~y (30) days from the date of notice by City of such tem'dnation, <br /> provided, that if Participating Owner shall pay all amounts due plus interest, within said <br /> 30-day period, this agrccment 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 OwneCs duties and obligations hereunder or under <br /> the Ordinance. <br /> <br /> 5. 'rhlr~ P~l.rt~ Be!Iflfl~=iarv. The parties acknowledge and agree that <br /> <br /> Participating Owner is a third party beneficiary of the Retrieval Service Agreement. <br /> Therefore, subje~ to City's wdtten consent (which shall not unreasonably be withheld), <br /> Participating Owner may enforce provisions of the Retrieval Service Agreement with <br /> 6 <br /> <br /> 02/07/~0; 03/0~00;03/1 ?/0e1~03/2 I/(X} <br /> <br /> MAY 29 2000 23:03 1 650 364 8898 220? PAGE.8? <br /> <br /> <br />