Agmt22 Association of Bay Area Gov. (ABAG)

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DocuSign Envelope ID: 895D2A90-533F-4A74-8650-530137EA9E81 ABAG/City Innovate PROVIDER Bench Management Software Page 13 modification, or the happening of any event, thing, or occurrence, unless it has given ABAG due written notice of a potential claim. The potential claim shall set forth the reasons for which PROVIDER believes additional compensation may be due, the nature of the costs involved, and the amount of the potential claim. Such notice shall be given to ABAG prior to the time that PROVIDER has started performance of the work giving rise to the potential claim for additional compensation. If there is a dispute over any claim, PROVIDER shall continue to work during the dispute resolution process in a diligent and timely manner as directed by ABAG and shall be governed by all applicable provisions of the Agreement. PROVIDER shall maintain cost records of all work that is the basis of any dispute. If an agreement can be reached that resolves PROVIDER’s claim, the parties will execute an Agreement modification to document the resolution of the claim. If the parties cannot reach an agreement with respect to PROVIDER’s claim, they may choose to pursue dispute resolution pursuant to Article 24, DISPUTE RESOLUTION, or ABAG may terminate the Agreement. 21. REMEDIES FOR BREACH In the event PROVIDER fails to comply with the requirements of the Agreement in any way, ABAG reserves the right to implement administrative remedies that may include, but are not limited to, withholding of progress payments and contract retentions, and termination of the Agreement in whole or in part. The duties and obligations imposed by the Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by ABAG or PROVIDER shall constitute a waiver of any right or duty afforded any of them under the Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 22. TEMPORARY SUSPENSION OF WORK ABAG, in its sole discretion, reserves the right to stop or suspend all or any portion of the work for such period as ABAG may deem necessary. The suspension may be due to the failure on the part of PROVIDER to carry out orders given or to perform any provision of the Agreement or to factors that are not the responsibility of PROVIDER. PROVIDER shall comply immediately with the written order of ABAG to suspend the work wholly or in part. The suspended work shall be resumed when PROVIDER is provided with written direction from ABAG to resume the work. DocuSign Envelope ID: 8A67B327-8D8D-41F3-A9AA-0E6612310575