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0~/29/2088 2:].: 58 1-650-364-8800--2207 ~IERVYNS RWC PAGE 07 -. respect to any failure of Oontrector to perform services for Participating Owner thereunder and in conformance with this agreement. Notwithstanding the foregoing, prior to e×ercising any such right, Participating Owner shall provide City a detailed statement of Participating Owner's claim or claims agalnat..Contractor. Upon such notification, City may commence an action or take such other legal or equitable recourse as OH shall determine (including, without limitation, non-judicial alternative dispute resolution procedures and remedies) or, at City's discretion, City may assign to Participating Owner any cause of action or other rights with respect to Participating Owner's alleged claims. 6. Dieclalml~r. Participating Owner acknowledges and agrees that Contractor is an independent contractor and not an officer, employee, or agent of City. City shall endeavOr to cause Contractor to perform services under the Retrieval Service Agreement in a timely, efficient, and economical manner. However, City is not a guarantor or surety of or for Contractor. City expressly disclaims any warranty or guarantee or other assurance of the quality or quantity of the services performed or to be performed under the Retrieval Service Contract. 7. Cooperation; Compliance W~th Ordlnan.ca,. Participating Owner agrees to accept deliveries of all Shopping Carts bearing Participating Owner's identification and to acknowledge receipt thereof by executing all receipts corresponding to such deliveries, Participating Owner further agrees to comply with the OrdinanCe in all respects; provided, that so long as this agreement shall remain in effect and Participating Own'~r shall not be i'n default of any material provision hereof. Participating 7 DES:~ 02/0?/00; 03/0~00;0.t/i ?/00K;03~ Il00 It,