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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 termination, <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 previsions 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 Owner's 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, 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 /> <br /> F:Atty2001Shared/Redwood/Cou ncil/Agmt/Ag mt-519 6 <br /> <br /> <br />