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<br />shall pay to Contractor City's and Architect's contribution as calculated <br /> <br />hereinabove. In the event City protests all or any portion of the actual cost of <br /> <br />Reconstruction. City and Contractor shall meet and confer and attempt to resolve <br /> <br />. said protest. If the protest cannot be resolved. City shall pay Contractor any <br /> <br />undisputed amount, and Contractor's acceptance thereof shall not be deemed a <br /> <br />waiver by Contractor of the remaining amount claimed by Contractor as due and <br /> <br />owing. Nothing in this subparagraph contained shall be deemed a waiver by <br /> <br />either City or Contractor of their respective rights or remedies in the event of <br /> <br />such protest. <br /> <br />(c) <br /> <br />Upon completion of the work of Reconstruction in conformance <br /> <br />with the provisions hereof and as described in Contractor's aforesaid letter dated <br /> <br />August 12. 1998, and Architect's letter dated August 7, 1998 (with enclosures), <br /> <br />City shall accept the work of Reconstruction, by motion duly made and carried by <br /> <br />City's City CounciL <br /> <br />6. <br /> <br />Non-Assicmabilitv. Neither this agreement, nor any right, duty, or <br /> <br />obligation of the respective parties thereunder. may be assigned without the prior <br /> <br />written consent of the non-assigning parties. Nothing herein contained shall be <br /> <br />deemed to prohibit Contractor from subcontracting any portion of the work of <br /> <br />Reconstruction described above. <br /> <br />7. <br /> <br />Successors. This agreement, and the obligations, duties, and <br /> <br />rights thereunder, shall be binding upon, and inure to the benefit of. the <br /> <br />successors, assigns, administrators, executors, or other transferees, of the <br /> <br />respective parties. <br /> <br />Agmt-194 <br />f\sh\sh\RC\Councii <br />DES:rg <br />09/09/98; 02/08/99R; 03/01/99R <br /> <br />10 <br /> <br />...-....-... <br />