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and remedies which City may exercise and seek for any default or broach by <br />Participating Owner of Participating Owner's duties and obligations hereunder or under <br />the Ordinance. <br /> <br /> 5. Third Party Beneficiary. The parties acknowledge and agree that <br />Participating Owner is a third party beneficiary of the Retrieval Service Agreement. <br />Therefore, subject to City's written consent (which shall not unroasonably be withheld), <br />Participating Owner may enforce provisions of the Retrieval Service Agreement with <br />respect to any failure of Contractor to perform services for Participating Owner <br />therounder and in conformance with this agroement. Notwithstanding the foregoing, <br />prior to exercising any such dght, Participating Owner shall provide City a detailed <br />statement of Participating Owner's claim or claims against Contractor. Upon such <br />notification, City may commence an action or take such other legal or equitable <br />recourse as City shall determine (including, without limitation, non-judicial alternative <br />dispute resolution procedures and romedies) or, at City's discretion, City may assign to <br />Participating Owner any cause of action or other dghts with rospect to Participating <br />Owner's alleged claims. <br /> <br /> 6. Disclaimer. Participating Owner acknowledges and agrees that Contractor is <br />an independent contractor and not an officer, employee, or agent of City. City shall <br />endeavor to cause Contractor to perform services under the Retrieval Service <br />Agroement in a timely, efficient, and economical manner. However, City is not a <br />guarantor or suroty of or for Contractor. City expressly disclaims any warranty or <br />guarantee or other assurance of the quality or quantity of the services performed or to <br />be performed under the Retrieval Service Contract. <br /> <br />F:my documents/word/code enforcement/ 6 <br />shopping cart legal contract <br /> <br /> <br />