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<br />3 &- -I ~ <br /> <br />this paragraph are cumulative, and in addition to such other grounds for termination and <br /> <br />such other rights and remedies which City may exercise and seek for any default or <br /> <br />breach by Participating Owner of Participating Owner's duties and obligations <br /> <br />hereunder or under the Ordinance. <br /> <br />5. <br /> <br />Third Party Beneficiarv. <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 such provisions of the Retrieval Service Agreement <br /> <br />with 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, assign to <br /> <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 or employee of City. City shall endeavor to <br /> <br />cause Contractor to perform services under the Retrieval Service Agreement in a timely, <br /> <br />efficient, and economical manner. However, City is not a guarantor or surety of or for <br /> <br />Contractor. City expressly disclaims any warranty or guarantee or other assurance of <br /> <br />6 <br /> <br />Agmt-322 <br />DES:rg <br />F /sharedishared/Redwood/Council <br />02/07/00 <br /> <br />- ----,.-,.----- ~'T <br />