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cumulative, and in addition to such other grounds for termination and such other rights and remedies which City may exercise and seek for any default or breach by Participating Owner of Participating Owner's duties and obligations hereunder or under the Ordinance. 5. Third Party Beneficiary. The parties acknowledge and agree that Participating Owner is a third party beneficiary of the Retrieval Service Agreement. Therefore, subject to City's written consent (which shall not unreasonably be withheld), Participating Owner may enforce provisions of the Retrieval Service Agreement with respect to any failure of Contractor to perform services for Participating Owner thereunder and in conformance with this agreement. Notwithstanding the foregoing, prior to exercising any such right, Participating Owner shall provide City a detailed statement of Participating Owner's claim or claims against Contractor. Upon such notification, City may commence an action or take such other legal or equitable recourse as City 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. Disclaimer. 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 cf 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. F:AttyCDIAgmt/Agmt-519 - code-enforce-contract-4/15 6