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<br />0: <br /> <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 /> <br />the Ordinance. <br /> <br />5. <br /> <br />Third Party Beneficiary. <br /> <br />The parties acknowledge and agree that <br /> <br />Participating Owner is a third party beneficiary of the Retrieval Service Agreement. <br /> <br />Therefore, subject to City's written consent (which shall not unreasonably be withheld), <br /> <br />Participating Owner may enforce provisions of the Retrieval Service Agreement with <br /> <br />respect to any failure of Contractor to perform services for Participating Owner <br /> <br />thereunder and in conformance with this agreement. Notwithstanding the foregoing, <br /> <br />prior to exercising any such right. Participating Owner shall provide City a detailed <br /> <br />statement of Participating Owner's claim or claims against Contractor. <br /> <br />Upon such <br /> <br />notification, City may commence an action or take such other legal or equitable <br /> <br />recourse as City shall determine (including, without limitation, non-judicial alternative <br /> <br />dispute resolution procedures and remedies) or, at City's discretion, City may assign to <br />Participating Owner any cause of action or other rights with respect to Participating <br /> <br />Owner's alleged claims. <br /> <br />6. Disclaimer. Participating Owner acknowledges and agrees that Contractor is <br /> <br />an independent contractor and not an officer, employee, or agent of City. City shall <br /> <br />endeavor to cause Contractor to perform services under the Retrieval Service <br /> <br />Agreement in a timely, efficient, and economical manner. <br /> <br />However, City is not a <br /> <br />guarantor or surety of or for Contractor. City expressly disclaims any warranty or <br /> <br />guarantee or other assurance of the quality or quantity of the services performed or to <br /> <br />be performed under the Retrieval Service Contract. <br /> <br />F:AttyCD/AgmtJAgmt-519 <br /> <br />6 <br />